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N.C. DOCUMENTS 
CLE OUSE 

'FEB 2002 

STATE LIBRARY OF NORTH Z0^ 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



EXTRA SESSION 

1994 



This publication is printed on permanent, acid-free paper (J?? 

in compliance with the General Statutes of the State of North Carolina. \ZC7 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1993 GENERAL ASSEMBLY 
EXTRA SESSION 1994 

DENNIS A. WICKER, President Sanford 

MARC BASNIGHT, President Pro Tempore Manteo 

R. C. SOLES, JR., Deputy President Pro Tempore Tabor City 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

CECIL COINS, Sergeant-at-Arms Raleigh 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 ** JOHN CODINGTON Wilmington 

5 CHARLES W. ALBERTSON Beulaville 

6 R. L. MARTIN Bethel 

7 LUTHER HENRY JORDAN, JR Wilmington 

8 JOHN KERR Goldsboro 

9 ED N. WARREN Greenville 

10 ROY A. COOPER III Rocky Mount 

1 1 JAMES D. SPEED Louisburg 

12 FRED FOLGER, JR Mount Airy 

A. P. SANDS III Reidsville 

13 WILBUR P. GULLEY Durham 

* JEANNE H. LUCAS Durham 

14 JOSEPH E. JOHNSON Raleigh 

J. K. SHERRON, JR Raleigh 

15 ELAINE MARSHALL Lillington 

16 HOWARD N. LEE Chapel Hill 

RUSSELL G. WALKER Asheboro 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 IAN THEODORE KAPLAN Winston-Salem 

MARVIN WARD Winston-Salem 

21 GEORGE B. DANIEL Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAUL S. SMITH Salisbury 

24 LURA S. TALLY Fayetteville 

25 DAVID HOYLE Dallas 

26 AUSTIN M. ALLRAN Hickory 

27 DONALD R. KINCAID Lenoir 

DAN R. SIMPSON Morganton 

28 HERBERT LEE HYDE Asheville 

DENNIS J. WINNER Asheville 

29 CLARK PLEXICO Hendersonville 

30 DAVID R. PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 T. L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

36 LINDA GUNTER Cary 

37 OLLIE HARRIS Kings Mountain 

38 BETSY L. COCHRANE Advance 

39 JAMES FORRESTER Stanley 

40 LESLIE WINNER Charlotte 

41 C. R. EDWARDS Fayetteville 

42 ROBERT C. CARPENTER Franklin 

(See Appendix for Senatorial Districts) 
* Appointed July 30, 1 993 

** Deceased March 1,1994 



SENATE JOURNAL 

EXTRA SESSION 
FEBRUARY— 1994 



FIRST DAY 

Senate Chamber, 
Tuesday, February 8, 1994. 

In accordance with law, as set forth in the Constitution of the State of North 
Carolina and pursuant to the Proclamation issued by the Honorable James B. Hunt, Jr., 
Governor, on January 12, 1994, the Senate of the 1993 General Assembly convenes in 
Extra Session at the hour of 11:00 A.M. in the Senate Chamber in the Legislative 
Building in the City of Raleigh. 

The Honorable Dennis A. Wicker, Lieutenant Governor and President of the Senate, 
presides and calls the Senate to order. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Judgment and Mercy, the Lieutenant Governor, the Senators and staff have 
been called into Special Session to consider what can be done about the alarming 
increase in acts of crime and violence in our State. 

"Some days we admit that we are fearful and frustrated. Other days we are fighting 
mad because we have witnessed these senseless acts of inhumanity intruding into our 
children's schools and into our neighborhoods. 

"We confess that one of our responses is to grab hold of Your Words in the Law of 
Moses. 'An eye for an eye and a tooth for a tooth,' that's justice, we say. But You 
Are also the God who said we are to forgive our brothers and sisters seventy times 
seven. 

"It is not a question of judgment or mercy. Judgment and mercy are inextricably 
one — each defining and informing the other. 

"And so we ask, O God, that the men and women of the Senate know Your Mind 
on this difficult issue so that they will be able to write laws that mete out judgment 
and mercy fairly, even as You do likewise with each of us every day. Amen." 

Led by the Lieutenant Governor, members and guests remain standing and pledge 
allegiance to the United States of America. 

The President lays before the Senate the Proclamation issued by Governor James B. 
Hunt, Jr., January 12, 1994, as follows: 



February 8, 1994 



6 SENATE JOURNAL [Extraordinary Session 

STATE OF NORTH CAROLINA 
JAMES B. HUNT, JR. 
GOVERNOR 

PROCLAMATION 

Crime is the most urgent issue facing our State. North Carolina has become the 16th 
most violent state in the nation, with violent crime having increased 50% in the last decade. 
Last year, you responded to this crisis by enacting several critical pieces of legislation, 
including funding for 5,000 new prison beds, raising the prison cap, eliminating parole 
thereby ensuring that criminals serve their time, and enacting laws to make schools safer. 
The legislature also addressed root causes of crime by passing legislation to give North 
Carolina's children a "smart start", setting higher standards in schools and helping this 
State to more aggressively recruit jobs. 

But North Carolina is still facing a crisis in crime. Without legislative action, the prisons 
will be forced to release more than 3,000 dangerous criminals by March 15th. I have 
taken steps to send 1,000 inmates out-of-state, of which 105 have already been sent 
to Rhode Island and Oklahoma. I believe the General Assembly must raise the prison 
cap to accommodate 2,000 additional prisoners. The urgent need to take action to avoid 
releasing more than 3,000dangerous criminals before theregularly scheduled shortsession 
necessitates an extra session of the General Assembly. 

Therefore, I will call the General Assembly to Raleigh for an extra session on crime 
beginning February 8, to focus on the single most important issue facing our State today. 

At the same time, the General Assembly should also take steps to toughen sentences 
for career criminals, to make the criminal justice system work better and put victims' 
rights first; and to toughen punishment for youthful offenders while we boost crime 
prevention programs for at-risk children. 

I have sought and received the advice of the Council of State that the circumstances 
facing the Department of Correction and our State's problem with crime constitute an 
extraordinary occasion within the meaning of Article III, Sec. 5(7) of the Constitution, 
that immediate action by the General Assembly is required and that the General Assembly 
should be convened into extra session to address the matter. I have also discussed the 
circumstances with the Lieutenant Governor, the President Pro Tempore of the Senate 
and the Speaker of the North Carolina House of Representatives. They are of the same 
view. 

ACCORDINGLY, pursuant to the authority granted to me by Article III, Sec, 5(7) of 
the Constitution of North Carolina, I find that the circumstances stated above constitute 
an extraordinary occasion within the meaning of Article III, Sec. 5(7) of the Constitution 
of North Carolina and PROCLAIM that the General Assembly is hereby convened in 
extra session for the purpose of considering legislation to (1) raise the inmate population 
"cap" for the State's prison system, (2) toughen sentences for criminals, (3) toughen pun- 
ishment for youthful offenders, (4) expand crime deterrent programs for children, (5) 
ensure the rights of victims of crime and take such other action incident thereto as is 
deemed appropriate. 

This extra session shall begin February 8, 1994 at 11:00 a.m. and shall continue as 
provided by law and the rules of each House until both Houses shall have adjourned 
sine die. 

Done in Raleigh, North Carolina, this 12th day of January, 1994. 

S/James B. Hunt, Jr. 
Governor 

(SEAL) 



February 8, 1994 



1994] SENATE JOURNAL 7 

The roll of the members of the Senate heretofore elected to the 1993 General 
Assembly, having properly received and subscribed to the oath of office, is called and 
the following answer the call: 

Senators Albertson, Allran, Ballance, Basnight, Blackmon, Carpenter, Cochrane, 
Codington, Conder, Cooper, Daniel, Edwards, Folger, Forrester, Gulley, Gunter, Harris, 
Hartsell, Hoyle, Hyde, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, Marshall, 
Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Warren, 
Winner of Buncombe, and Winner of Mecklenburg — 48. 

The President announces a quorum present. 

Arriving after the call of the roll, the Chair announces the presence of Senator 
Richardson. 

APPOINTMENT TO FILL UNEXPIRED TERM 

The Chair recognizes the Sergeant-at-Arms, Cecil Goins, who announces the 
presence of Senator Jeanne H. Lucas in the Chamber and awaits direction of the Chair. 
The Chair directs the Reading Clerk to read the Proclamation by the Governor 
appointing Jeanne H. Lucas to fill the vacancy created by the resignation of Senator 
Ralph A. Hunt: 

STATE OF NORTH CAROLINA 

JAMES B. HUNT, JR. 
GOVERNOR 

THE APPOINTMENT OF JEANNE H. LUCAS 

1993 

BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA 

A PROCLAMATION 

WHEREAS, the Honorable Ralph Hunt, elected Senator from the Thirteenth Senate 
District, 1993 General Assembly, has resigned his office; and 

WHEREAS, the provisions of General Statutes 163-11 require that the vacancy 
created by the resignation of the Honorable Ralph Hunt be filled by appointment of the 
person recommended by the Thirteenth Senatorial District Executive Committee of the 
Democratic Party; and 

WHEREAS, the Thirteenth Senatorial District Executive Committee of the 
Democratic Party has notified me of its recommendation of Jeanne H. Lucas of 
Durham, North Carolina, to fill said vacancy, 

I do by these presents appoint 

Jeanne H. Lucas 

as a member of the 

SENATE 

1993 General Assembly 



February 8, 1994 



8 SENATE JOURNAL [Extraordinary Session 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great 
Seal of the State at the Capitol in the City of Raleigh, this 30th day of July in the year 
of our Lord, One Thousand Nine Hundred Ninety-Three. 

S/James B. Hunt, Jr. 
Governor of North Carolina 

S/Rufus L. Edmisten 
Secretary of State 

(SEAL) 

The Chair announces the Oath of Office taken and subscribed to on file in the Office 
of the Principal Clerk. 

Senator Basnight, President Pro Tempore, announces the assignment of Seat No. 9, 
vacated by Senator Hunt, to Senator Ed Warren of Pitt County and Seat No. 17 to 
Senator Lucas. 

Senator Basnight, President Pro Tempore, appoints Senator Ballance, Senator Gulley, 
and Senator Martin of Guilford to escort Senator Lucas to her seat. 

The President directs Senator Ballance, Senator Gulley, and Senator Martin of Guil- 
ford to escort Senator Lucas to Seat No. 17, which she assumes with full privileges as 
a Senator of the General Assembly of North Carolina. The Chair extends congratula- 
tions. 

Senator Jordan offers a motion that Senator Jeanne H. Lucas, the first Black woman 
member of the Senate of the North Carolina General Assembly, be allowed to approach 
the Well of the Senate to briefly address the membership, which motion prevails. 

The Chair directs the Escort Committee to bring Senator Lucas to the Well of the 
Senate where she briefly addresses the membership {See Appendix). Senator Lucas is 
escorted to her seat. 

Electronic voting equipment, installed in the Senate Chamber pursuant to Senate 
simple Resolution 1087, adopted by the Senate of the 1973 General Assembly, is 
removed effective January 17, 1994 pursuant to action of the Legislative Services 
Commission as reflected in the Minutes of that Commission dated March 26, 1992 and 
on file in the Legislative Services Office. Initial use of the touch-screen console and 
computer controlling the expanded capabilities of the electronic voting equipment be- 
gins today, February 8, the First Legislative Day of the Extra Session of the 1993 
General Assembly. 

OFFICERS 

With no motion offered, the President announces the Officers elected under the 
provisions of the Constitution of North Carolina, the General Statutes, and the Rules of 
the 1993 Regular Session, are the Officers of this Extra Session. 

ADOPTION OF RULES 

Without objection, on motion of Senator Sands, the Permanent Rules of the 1993 
Regular Session, with the following amendments to Rules 25, 40, 40.1, and 74, are 
adopted as the Permanent Rules governing this Extra Session of the 1993 General 
Assembly: 



February 8, 1994 






1994] SENATE JOURNAL 9 

RULE 25 — Use of electronic voting system. 

(c) When the electronic voting system is used, the Presiding Officer shall fix and 
announce the time, not to exceed one minute, which shall be allowed for voting on the 
question before the Senate. The system shall be set to lock automatically and to record 
the vote when that time has expired. 

(e) After the system locks the members' voting stations, the Presiding Officer 
shall recognize and announce the vote of any member who was in the Senate 
Chamber, when the question was stated and whose voting station failed to be activated. 
The Principal Clerk shall record in the system the member's vote when announced by 
the Presiding Officer. The Presiding Officer shall declare the results of the vote. The 
Principal Clerk shall then cause the system to print the vote recorded. 

RULE 40. Introduction of bills. — (a) Every bill filed for introduction shall contain 
on the outside cover the title of the document and the name of the Senator or Senators 
presenting it. Bills shall be delivered by the primary sponsor of the document or with 
the prescribed authorization form signed by the primary sponsor to the office of the 
Senate Principal Clerk who shall receive them according to the following schedule: 
Tuesday, Wednesday, Thursday, and Friday 
February 8, 9, 10, and 11, 
until 5:00 o'clock p.m.; 
All bills shall be numbered by the Office of the Principal Clerk when filed and shall 
be considered introduced when presented to the Senate for the first reading and 
reference to committee. Bills filed on Friday, February 11, shall be read a first time 
and referred to committee on that date. 

(b) Only bills or resolutions addressing the subjects listed below shall be eligible 
for introduction and consideration in the Senate: 

1. raising the inmate population limit for the State's prison system and 
changes to the correction system and jails; 

2. sentencing criminals; 

3. punishment for youthful offenders; 

4. crime deterrent programs for children; 

5. rights of victims of crime; 

6. judicial branch of government structure and elections, or both; 

7. any bill or resolution contingent upon or related to the above subjects; 

8. amending Resolution 31 of the 1993 General Assembly to reconvene the 
regular session for the sole purpose of ratifying legislation during the session and to set 
an adjournment date of that reconvened session; and 

9. adjournment of the extra session. 

RULE 40.1. Deadline on filing for introduction of bills and resolutions. — (a) All 

bills and resolutions, except those adjourning the General Assembly or those addressing 
the judicial branch of government structure or elections, must be filed for introduction 
not later than 5:00 p.m. on Friday, February 11, 1994. Any such measure must be 
submitted to the Bill Drafting Division of the Legislative Services Office by 5:00 p.m. 
on Thursday, February 10, 1994, to be filed for introduction under this rule, 
(b) This rule cannot be temporarily suspended. 

RULE 74. Public Hearings. — Any Senator may request in writing a public hearing 
on a public bill. Requests may be granted in the discretion of the Chairman of the 
Committee to which the measure was referred. The President Pro Tempore may call 
for a public hearing before the Senate sitting as Committee of the Whole. Notice shall 
be given during daily session prior to public hearings. Such notices shall be printed 
on the next following Calendar and until the public hearing is held. 



February 8, 1994 



10 SENATE JOURNAL [Extraordinary Session 

APPOINTMENT OF COMMITTEES 

Senator Basnight, President Pro Tempore, announces that the Standing and Select 
Committees of the Senate heretofore appointed during the 1993 Regular Session, 
including Chairmen, Vice-Chairmen, and Ranking Minority Members are hereby 
appointed to serve during this Extra Session. 

Senator Basnight, President Pro Tempore, appoints Senator Lucas to the following: 

Standing Committees: 

Banks and Thrift Institutions, Capital Expenditures and Improvements, 

Education/Higher Education, Finance, Pensions and Retirement, Public 

Utilities, Transportation, and Ways and Means. 
Select Committees: 

Bonds and Government Performance Audit. 

The President orders a special message sent to the House of Representatives inform- 
ing that Honorable Body that the Senate is organized and ready to proceed with the 
public business of this Extra Session of the 1993 General Assembly as stated in the 
Proclamation issued by the Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
February 8, 1994 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body 
that the House of Representatives, pursuant to the Proclamation issued by the 
Governor, is organized and stands ready to proceed with the public business of the 
1994 Extra Session. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

EXECUTIVE ORDERS 

Executive Orders received in the Office of the Senate Principal Clerk following 
adjournment of the First Regular Session of the 1993 North Carolina General 
Assembly are presented to the Senate {See Appendix), read and referred to committee, 
as follows: 

Executive Order Number 21, Local Government Partnership Council. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 22, Equal Employment Opportunity. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 23, Public School Administrator Task Force. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 24, Emergency Relief for Damage Caused by Hurricane 
Emily. 
Referred to Rules and Operation of the Senate Committee. 



February 8, 1994 



1994] SENATE JOURNAL 1 1 

Executive Order Number 25, Recission of Executive Order Number 55, The 
Martin Luther King, Jr. Holiday Commission, and Executive Order Number 71, The 
Governor's Task Force on Rail Passenger Service. 

Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 26, Board of Trustees of the North Carolina Public 
Employee Deferred Compensation Plan. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 27, Governor's Commission for Recognition of State 
Employees. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 28, Agriculture, Forestry, and Seafood Industry Advisory 
Committee. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 29, Teacher Advisory Committee. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 30, Highway Beautification Council. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 31, State Commission on National and Community 
Service. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 32, Governor's Advisory Commission on Military 
Affairs. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 33, Persian Gulf War Memorial Commission. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 34, Highway Safety Commission. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 35, Governor's State Employee Action Commission. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 36, Smoking Policy Coordinating Committee. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 37, Citizen Access to Public Records Maintained by State 
Government. 
Referred to Rules and Operation of the Senate Committee. 

The President recognizes the following pages serving in the Senate this week: Jamie 
Baker, Fayetteville; Susan Miller Bowman, Benson; John Crawford Farrell, Gastonia; 
Abigail Kathlee Farrell, Gastonia; W. Kyle Hensley, Fayetteville; Jeannie Ruth 
Holloman, Goldsboro; Jamie Diane Joyner, Mount Olive; Jeffrey Madison Massey, 
Raleigh; Erin Price, Sanford; Shannon Lynn Rabon, Steadman; Susan Renea' Wilder, 
Middlesex; and Brandy Williams, Blanch. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following joint resolution which is read the first time and disposed of, as follows: 



February 8, 1994 



12 SENATE JOURNAL [Extraordinary Session 

H.J.R. 1, a joint resolution informing His Excellency, Governor James B. Hunt, Jr., 
that the Extra Session of the General Assembly is organized and ready to proceed with 
public business and inviting the Governor to address a joint session of the Senate and 
House of Representatives. 

On motion of Senator Albertson, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (48-0) and third readings and is ordered 
enrolled. 

The Chair extends courtesies of the gallery to Charles W. Hipps, District Attorney 
for the 30th Judicial District and former Senator from Haywood County. 

ENROLLED RESOLUTION 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.J.R. 1, a joint resolution informing His Excellency, Governor James B. Hunt, Jr., 
that the Extra Session of the General Assembly is organized and ready to proceed with 
public business and inviting the Governor to address a joint session of the Senate and 
House of Representatives. (Res. 1) 

ESCORT COMMITTEE 

Pursuant to H.J.R. 1, Senator Basnight, President Pro Tempore, rises and appoints 
Senator Soles, Chairman, Senator Conder, Senator Ballance, Senator Perdue, and 
Senator Sands as a committee to serve with a like committee from the House of 
Representatives to greet and escort the Governor, the Honorable James B. Hunt, Jr., to 
the joint session. The President excuses the Escort Committee to greet the Governor 
on behalf of the Senate. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.J.R 1 House of Representatives 

February 8, 1994 

Mr. President: 

Pursuant to H.J.R. 1, "A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE EXTRA SESSION OF THE 
GENERAL ASSEMBLY IS ORGANIZED AND READY TO PROCEED WITH 
PUBLIC BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A JOINT 
SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES," the Speaker 
appoints the following members of the House of Representatives to serve with a like 
Committee of the Senate to escort Governor James B. Hunt, Jr. to the Joint Session: 

Representative Milton F. Fitch, Jr. 

Representative James B. Black 

Representative Bertha M. Holt 

Representative Robert Grady 

Representative David G. Balmer 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



February 8, 1994 



1994] SENATE JOURNAL 13 

The hour having arrived as fixed by H.J.R. 1, a joint resolution informing His 
Excellency, Governor James B. Hunt, Jr., that the Extra Session of the General 
Assembly is organized and ready to proceed with public business and inviting the 
Governor to address a joint session of the Senate and the House of Representatives, the 
President orders a special message sent to the House of Representatives informing that 
Honorable Body that the Senate stands ready to repair to the Hall of the House, there 
to sit in joint session with that Honorable Body, for the purpose of receiving the 
Governor's Message on Crime. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVE 

H.J.R. 1 House of Representatives 

February 8, 1994 

Mr. President: 

Pursuant to H.J.R. 1, "A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE EXTRA SESSION OF THE 
GENERAL ASSEMBLY IS ORGANIZED AND READY TO PROCEED WITH 
PUBLIC BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A JOINT 
SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES," the House of 
Representatives stands ready to receive the Senate in Joint Session at the appointed 
hour. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Basnight offers a motion, in accordance with H J.R. 1, to the end the Senate 
stand in recess to repair to the Hall of the House of Representatives, there to sit in 
Joint Session with that Honorable Body, and on his further motion, upon dissolution 
of the Joint Session to return to the Senate Chamber to resolve into a Committee of 
the Whole Senate for the purpose of a public hearing on crime, and for the consider- 
ation of further business, which motions prevail. 

Tne Chair declares the Senate in recess and the Senate, preceded by its officers, 
repairs to the Hall of the House of Representatives. 

JOINT SESSION 

The Senate is received by the Members of the House of Representatives, standing. 

The Speaker of the House of Representatives recognizes the Sergeant-at-Arms who 
announces the presence of the Cabinet of the Governor who awaits the pleasure of the 
General Assembly sitting in joint session. The Speaker directs the Sergeant-at-Arms 
to escort the Governor's Cabinet to their assigned seats. The Governor's Cabinet is 
received by the General Assembly with members standing. 

The Speaker of the House of Representatives recognizes the Sergeant-at-Arms who 
announces the presence of Associate Judges of the Court of Appeals of North Carolina 
who await the pleasure of the General Assembly sitting in joint session. The Speaker 
directs the Sergeant-at-Arms to escort the Honorable Members of the Court of Appeals 
of North Carolina to their assigned seats. The Associate Judges of the Court of 
Appeals of North Carolina are received by the General Assembly with members 
standing. 



February 8, 1994 



14 SENATE JOURNAL [Extraordinary Session 

The Speaker of the House of Representatives recognizes the Sergeant-at-Arms who 
announces the presence of Associate Justices of the North Carolina Supreme Court who 
await the pleasure of the General Assembly sitting in joint session. The Speaker 
directs the Sergeant-at-Arms to escort the Honorable Members of the North Carolina 
Supreme Court to their assigned seats. The Associate Justices of the North Carolina 
Supreme Court are received by the General Assembly with members standing. 

The Speaker of the House of Representatives now recognizes the Sergeant-at-Arms 
who announces the presence at the door of the Council of State of North Carolina who 
awaits the pleasure of the General Assembly sitting in joint session. The Speaker 
directs the Sergeant-at-Arms to escort the Honorable Members of the Council of State 
to their assigned seats. The Council of State is received by the General Assembly with 
members standing. 

The Speaker of the House of Representatives recognizes the Sergeant-at-Arms of the 
House of Representatives, who announces the presence at the door of His Excellency, 
Governor James B. Hunt, Jr., who awaits the pleasure of the General Assembly sitting 
in joint session. The Speaker directs the Sergeant-at-Arms of the House to escort the 
Committees appointed by the President of the Senate and Speaker of the House of 
Representatives and the Governor to the Well of the House. The Speaker recognizes 
Senator Soles who presents the Governor of the Great State of North Carolina to the 
Speaker of the House of Representatives who presents His Excellency, Governor James 
B. Hunt, Jr., to the General Assembly. 

Governor Hunt delivers his Message on Crime in the State of North Carolina, along 
with his recommendations. (See Appendix for the text of the message.) 

Upon the conclusion of his remarks, the Speaker recognizes Senator Soles, 
Representative Fitch, and the Committees to escort Governor Hunt from the Chamber. 

Senator Basnight offers a motion to the end that the Joint Session be dissolved and 
that the Senate return to its Chambers for the consideration of further business pursuant 
to its earlier motion, which motions prevail. The Joint Session is dissolved. 

The Senate is called to order by the Honorable Dennis A. Wicker, President of the 
Senate, and resumes consideration of its regular order of business at 12:55 P.M. 

Senator Basnight offers a motion to the end the Senate stand in recess at 12:59 P.M. 
to reconvene at 2:00 P.M., which motion prevails. The Chair declares the Senate in 
recess. 

RECESS 

The Senate convenes pursuant to recess and is called to order by Senator Basnight, 
President Pro Tempore. 

Senator Sands offers a motion to the end the Senate do now resolve into a 
Committee of the Whole Senate for the purpose of a public hearing in the Senate 
Chamber, which motion prevails. Senator Basnight, as President Pro Tempore of the 
Senate, continues to hold the gavel. (See Appendix for the proceedings of the 
Committee of the Whole Senate.) 

The Senate rises from the Committee of the Whole, without report, and is called to 
order by Senator Basnight, President Pro Tempore, in the absence of the Lieutenant 
Governor. 

On motion of Senator Soles, seconded by Senator Sands, the Senate adjourns to 
reconvene tomorrow, Wednesday, February 9, at 8:00 A.M. 



February 8, 1994 



1994] SENATE JOURNAL 15 

SECOND DAY 

Senate Chamber, 
Wednesday, February 9, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

'"This is the day which the Lord has made,' says the 118th Psalm. 'Let us rejoice 
and be glad in it.' 

"As children, we learned this verse by rote. As adults, we have learned, indeed, that 
every day of life is a gift from You, Dear God. 

"We've learned that a day will be gone before we know it. We've learned that if we 
somehow waste a day, it is our lives we are wasting. And if we look the other way, 
we may miss the opportunity we've been waiting for always. 

"This is the day which the Lord has made. Let us rejoice and be glad it it. Amen." 

Senator Sands, for the Rules and Operation of the Senate Committee, announces 
the Journal of yesterday, Tuesday, February 8, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

With unanimous consent, Senator Hyde is granted a leave of absence for today due 
to a required surgical procedure. 

Senator Sands offers a motion to the end the Senate do now resolve into a 
Committee of the Whole which motion prevails. Senator Basnight as President Pro 
Tempore continues to hold the gavel and the Senate sits as a Committee of the Whole. 
{See Appendix for the proceedings of the Committee of the Whole Senate.) 

Upon rising from the Committee of the Whole, Senator Basnight, President Pro 
Tempore, relinquishes the gavel to the President of the Senate, Lieutenant Governor 
Wicker, who presides. 

APPOINTMENT OF SELECT COMMITTEES 

Pursuant to Rules 31 and 34, the President Pro Tempore, Senator Basnight, 
announces select committees and appoints the members to serve on each, as follows: 

CORRECTIONS/PUNISHMENT SELECT COMMITTEE 

Chairmen: Senator Ballance 

Senator Odom 

Senators: Albertson, Blackmon, Carpenter, Conder, Daniel, Hoyle, Kincaid, 

Lee, Martin of Pitt, Marshall, Parnell, Plexico, Plyler, Richardson, 
Sands 

COURTS SELECT COMMITTEE 

Chairmen: Senator Cooper 

Senator Soles 

Senators: Cochrane, Folger, Hartsell, Hyde, Kerr, Jordan, Seymour, Shaw, 

Sherron, Simpson, Smith, Speed, Winner of Buncombe 



February 9, 1994 



16 SENATE JOURNAL [Extraordinary Session 

JUVENILES/PREVENTION SELECT COMMITTEE 

Chairmen: Senator Martin of Guilford 

Senator Perdue 

Senators: Allran, Codington, Edwards, Forrester, Gulley, Gunter, Harris, 

Johnson, Kaplan, Lucas, Tally, Walker, Ward, Warren, Winner 
of Mecklenburg 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Parnell, Albertson, Carpenter, Conder, Cooper, Daniel, Harris, Johnson, 
Kaplan, Lee, Marshall, Plyler, Sands, Speed, Tally, Walker, and Warren: 

S.B. 1, a bill to make technical amendments and conforming changes to the General 
Statutes and Session Laws relating to structured sentencing, misdemeanors, and felonies. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Albertson, Allran, Carpenter, Cochrane, 
Conder, Cooper, Daniel, Forrester, Gunter, Harris, Sands, Seymour, Speed, Ward, Lee, 
and Warren: 

S.B. 2, a bill to provide for life without parole for first degree murder. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Albertson, Conder, Daniel, Forrester, Harris, 
Kaplan, Lee, Lucas, Parnell, Sands, Seymour, Speed, Walker, Ward, and Warren: 

S.B. 3, a bill to provide that a person convicted of a rape or sex offense that the 
court finds to be especially heinous, atrocious, or cruel shall be sentenced to life 
imprisonment without parole. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Parnell, Plyler, Plexico, Johnson, Albertson, Cochrane, Conder, 
Cooper, Daniel, Forrester, Gunter, Harris, Kaplan, Lee, Marshall, Sands, Seymour, 
Speed, Walker, Ward, and Warren: 

S.B. 4, a bill to revise the effective date of structured sentencing for certain violent 
offenses. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Albertson, Allran, Cochrane, Conder, 
Cooper, Daniel, Forrester, Harris, Kaplan, Kerr, Lee, Sands, Seymour, Speed, and Ward: 

S.B. 5, a bill to provide life without parole for a third violent felony conviction. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Albertson, Allran, Conder, Cooper, 
Daniel, Forrester, Gunter, Harris, Kaplan, Lee, Marshall, Sands, Seymour, Speed, 
Walker, and Ward: 

S.B. 6, a bill to repeal the provision in the Structured Sentencing Act that amended 
the sentencing of habitual felons and retain the current law with only technical 
conforming changes. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 9, 1994 



1994] SENATE JOURNAL 17 

By Senators Odom, Plyler, Plexico, Johnson, Allran, Carpenter, Conder, Cooper, 
Daniel, Gunter, Harris, Kaplan, Kerr, Lee, Lucas, Parnell, Sands, Seymour, Speed, and 
Ward: 

S.B. 7, a bill to repeal the provision in the Structured Sentencing Act that would 
have provided that possession of less than one gram of cocaine was not a felony. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Albertson, Cochrane, Conder, Cooper, 
Daniel, Edwards, Gunter, Harris, Kaplan, Kerr, Lee, Lucas, Marshall, Martin of 
Guilford, Parnell, Sands, Seymour, Speed, Walker, Ward, and Warren: 

S.B. 8, a bill to prohibit the possession of firearms and weapons of mass death and 
destruction by felons. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Albertson, Allran, Cochrane, 
Conder, Cooper, Daniel, Edwards, Forrester, Gunter, Harris, Kaplan, Lee, Lucas, 
Marshall, Sands, Seymour, Speed, Walker, Ward, and Warren: 

S.B. 9, a bill to provide that an enhanced sentence shall be imposed on a person 
convicted of a felony if the person was armed with or used a firearm during the 
commission of the felony. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Conder, Cooper, Daniel, 
Edwards, Gunter, Harris, Kaplan, Lee, Lucas, Marshall, Martin of Guilford, Parnell, 
Sands, Seymour, Speed, Walker, Ward, and Warren: 

S.B. 10, a bill to amend the laws regarding the confiscation, forfeiture, and 
disposition of firearms. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Conder, Cooper, Daniel, 
Gunter, Harris, Kaplan, Lee, Lucas, Marshall, Martin of Guilford, Parnell, Sands, 
Seymour Speed, Walker, Ward, and Warren: 

S.B. 11, a bill to prohibit a person who was acquitted of certain criminal offenses by 
reason of insanity from possessing a firearm or a weapon of death and mass 
destruction. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Allran, Cochrane, Conder, 
Cooper, Daniel, Forrester, Harris, Kaplan, Lee, Marshall, Parnell, Sands, Seymour, 
Speed, Walker, Ward, and Warren: 

S.B. 12, a bill to appropriate funds for prison construction and to a reserve to 
operate the additional prison facilities. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Albertson, Cochrane, Conder, 
Cooper, Daniel, Forrester, Gunter, Harris, Kaplan, Kerr, Lee, Lucas, Marshall, Parnell, 
Sands, Seymour, Speed, Walker, Ward, and Warren: 

S.B. 13, a bill to appropriate funds for the leasing of jail space from local 
governments. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 9, 1994 



1 8 SENATE JOURNAL [Extraordinary Session 

By Senators Odom, Plyler, Johnson, Perdue, Allran, Conder, Cooper, Daniel, Gunter, 
Harris, Kaplan, Lee, Marshall, Parnell, Plyler, Sands, Seymour, Speed, Walker, Ward, 
and Warren:: 

S.B. 14, a bill to provide for out-of-state housing of prison inmates. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Albertson, Conder, Cooper, 
Daniel, Forrester, Gunter, Harris, Kaplan, Kerr, Lee, Lucas, Marshall, Martin of 
Guilford, Parnell, Sands, Seymour, Speed, Walker, Ward, and Warren: : 

S.B. 15, a bill to authorize the Secretary of Correction to contract with private 
for-profit or nonprofit firms to provide and operate treatment centers for the care of 
inmates diagnosed as needing treatment for alcohol or drug abuse, and to appropriate 
funds to contract for those treatment centers. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Albertson, Allran, Conder, 
Cooper, Daniel, Forrester, Harris, Kaplan, Kerr, Lee, Lucas, Marshall, Martin of 
Guilford, Parnell, Sands, Seymour, Speed, Walker, Ward, and Warren:: 

S.B. 16, a bill to appropriate funds to allow the Department of Correction to use 
existing space more efficiently. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Perdue, Albertson, Allran, Cochrane, 
Conder, Cooper, Daniel, Forrester, Harris, Kaplan, Kerr, Lee, Marshall, Martin of 
Guilford, Parnell, Sands, Seymour, Speed, Walker, Ward, and Warren: 

S.B. 17, a bill to modify the prison population cap. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Perdue, Hoyle, Albertson, Conder, Cooper, Daniel, 
Edwards, Gunter, Harris, Kaplan, Lee, Lucas, Marshall, Odom, Parnell, Plyler, Sands, 
Seymour, Speed, Tally, Walker, Ward, and Winner of Mecklenburg: 

S.B. 18, a bill to implement the Save Our Students (S.O.S.) Program. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Perdue, Hoyle, Albertson, Conder, Cooper, Daniel, 
Gulley, Gunter, Harris, Kaplan, Kerr, Lee, Lucas, Marshall, Odom, Parnell, Plexico, 
Plyler, Sands, Seymour, Speed, Tally, Walker, Ward, Warren, and Winner of 
Mecklenburg: 

S.B. 19, a bill to establish the Family Resource Center Grant Program. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Allran, Cochrane, Conder, Cooper, Daniel, Forrester, 
Gulley, Gunter, Harris, Hoyle, Kaplan, Kerr, Lee, Lucas, Marshall, Odom, Parnell, 
Perdue, Plexico, Plyler, Sands, Seymour, Speed, Tally, Walker, Ward, and Warren. 

S.B. 20, a bill to appropriate funds for capital costs and operation of Wilderness 
Camps. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 



February 9, 1994 



1994] SENATE JOURNAL 19 

By Senators Perdue, Albertson, Parnell, Hoyle, Allran, Cochrane, Conder, Cooper, 
Daniel, Edwards, Forrester, Gunter, Harris, Kaplan, Kerr, Lee, Marshall, Plexico, Plyler, 
Sands, Seymour, Speed, Tally, Walker, and Ward: 

S.B. 21, a bill to appropriate funds for construction and operation of a boot camp 
for youthful offenders. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Perdue, Hoyle, Albertson, Conder, Cooper, Daniel, 
Edwards, Gunter, Harris, Kerr, Lee, Lucas, Marshall, Parnell, Plyler, Sands, Seymour, 
Speed, Tally, Walker, and Ward: 

S.B. 22, a bill to appropriate funds for public school coaches' mentor training. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Perdue, Hoyle, Albertson, Cochrane, Conder, 
Cooper, Daniel, Edwards, Forrester, Gunter, Harris, Kaplan, Kerr, Lee, Lucas, Marshall, 
Parnell, Plyler, Sands, Seymour, Speed, Tally, Walker, and Ward: 

S.B. 23, a bill to appropriate funds for the Governor's One on One Program. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Perdue, Hoyle, Albertson, Conder, Cooper, 
Edwards, Forrester, Gunter, Harris, Kerr, Lee, Lucas, Marshall, Plyler, Sands, Seymour, 
Speed, Tally, Walker, Ward, and Warren: 

S.B. 24, a bill to require Department of Human Resources to conduct a 
comprehensive study of the Division of Youth Services' Juvenile Justice System. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Perdue, Parnell, Hoyle, Albertson, Allran, Conder, Daniel, Forrester, 
Gunter, Harris, Kaplan, Kerr, Lee, Marshall, Odom, Plexico, Plyler, Sands, Seymour, 
Speed, Tally, Walker, Ward, and Warren: 

S.B. 25, a bill to appropriate funds for detention center beds. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Perdue, Albertson, Parnell, Hoyle, Allran, Conder, Edwards, Forrester, 
Harris, Kaplan, Lee, Lucas, Marshall, Plexico, Plyler, Sands, Seymour, Speed, Tally, 
Walker, Ward, and Warren: 

S.B. 26, a bill to appropriate funds for training school operation. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Perdue, Cochrane, Forrester, Allran, Albertson, 
Cooper, Daniel, Edwards, Gunter, Harris, Kaplan, Lee, Lucas, Marshall, Parnell, Plyler, 
Sands, Seymour, Speed, Tally, Walker, and Ward: 

S.B. 27, a bill to provide that the juvenile records of juveniles adjudicated or 
convicted of certain felonies are open, may not be expunged and that evidence of 
juvenile delinquency adjudications may be admissible into evidence in subsequent 
criminal proceedings and make conforming changes. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 



February 9, 1994 



20 SENATE JOURNAL [Extraordinary Session 

By Senators Perdue, Albertson, Parnell, Hoyle, Forrester, Allran, Cochrane, Daniel, 
Edwards, Gunter, Harris, Johnson, Kaplan, Lee, Marshall, Odom, Plyler, Sands, 
Seymour, Speed, Tally, Walker, and Ward: 

S.B. 28, a bill to transfer jurisdiction of certain juveniles to Superior Court, provide 
for a probable cause hearing, and retain records. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Perdue, Albertson, Parnell, Hoyle, Cooper, Daniel, Edwards, Harris, 
Johnson, Kaplan, Lee, Marshall, Odom, Plyler, Sands, Seymour, Speed, Tally, Walker, 
and Ward: 

S.B. 29, a bill to provide for commitment of juveniles adjudicated delinquent for 
certain felonies offenses to age eighteen. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Cooper, Soles, Gunter, Walker, Kerr, Allran, Forrester, Cochrane, Smith, 
Kincaid, Carpenter, Simpson, Hartsell, Codington, Blackmon, Shaw, Winner of 
Mecklenburg, Johnson, Kaplan, Gulley, Ward, Conder, Plyler, Odom, Plexico, Sherron, 
Albertson, Daniel, Edwards, Harris, Lee, Lucas, Marshall, Martin of Guilford, Parnell, 
Perdue, Sands, Seymour, Speed, Tally, and Warren: 

S.B. 30, a bill pertaining to the determination of contributory misconduct under the 
Crime Victims Compensation Act and to appropriate funds to the Crime Victims 
Compensation Fund. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Cooper, Gunter, Soles, Walker, Kerr, Allran, Forrester, Carpenter, Smith, 
Codington, Blackmon, Shaw, Kaplan, Gulley, Winner of Mecklenburg, Ward, Johnson, 
Tally, Plexico, Odom, Sherron, Plyler, Conder, Albertson, Daniel, Edwards, Harris, Lee, 
Lucas, Marshall, Martin of Guilford, Parnell, Perdue, Sands, Seymour, and Speed: 

S.B. 31, a bill to appropriate funds to the Department of Crime Control and Public 
Safety for the Victims Assistance Network. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Conder, Forrester, Cochrane, Allran, 
Albertson, Cooper, Daniel, Harris, Kaplan, Lee, Marshall, Martin of Guilford, Sands, 
Seymour, Speed, Walker, Ward, and Warren: 

S.B. 32, a bill to require the Clerk of Superior Court to include the names of any 
victims in the information attached to a prisoner's commitment. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Cooper, Soles, Gunter, Winner of Mecklenburg, Walker, Kerr, Allran, 
Forrester, Cochrane, Smith, Hartsell, Codington, Blackmon, Kaplan, Gulley, Plexico, 
Johnson, Ward, Odom, Sherron, Plyler, Conder, Albertson, Daniel, Edwards, Harris, 
Lee, Lucas, Marshall, Martin of Guilford, Parnell, Perdue, Sands, Seymour, Speed, 
Tally and Warren: 

S.B. 33, a bill to appropriate funds to the Department of Crime Control and Public 
Safety for development of a statewide criminal justice information system. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 



February 9, 1994 



1994] SENATE JOURNAL 21 

By Senators Cooper, Soles, Gunter, Walker, Allran, Forrester, Cochrane, Smith, 
Kincaid, Simpson, Hartsell, Carpenter, Codington, Blackmon, Shaw, Kaplan, Johnson, 
Tally, Plexico, Ward, Odom, Sherron, Plyler, Conder, Harris, Lee, Lucas, Marshall, 
Perdue, Sands, Seymour, Speed, and Warren: 

S.B. 34, a bill to allow evidence of a lack of seat belt use to be admitted in a 
criminal or civil proceeding to establish a justification for the stop of a vehicle, the 
same as in all other motor vehicle law violations. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Cooper, Soles, Gunter, Winner of Mecklenburg, Walker, Kerr, Allran, 
Forrester, Cochrane, Smith, Simpson, Kincaid, Hartsell, Carpenter, Codington, 
Blackmon, Johnson, Gulley, Tally, Kaplan, Ward, Plexico, Sherron, Odom, Plyler, 
Conder, Albertson, Daniel, Harris, Lee, Lucas, Marshall, Perdue, Sands, Seymour, 
Speed, and Warren: 

S.B. 35, a bill to establish an additional superior court judgeship and five additional 
assistant district attorney positions in Mecklenburg County and to appropriate funds for 
the Mecklenburg County Drug Court Program. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Cooper, Soles, Walker, Kerr, Gunter, Allran, Forrester, Cochrane, Smith, 
Kincaid, Hartsell, Carpenter, Codington, Blackmon, Shaw, Johnson, Winner of 
Mecklenburg, Kaplan, Tally, Ward, Odom, Plexico, Gulley, Plyler, Conder, Sherron, 
Albertson, Daniel, Edwards, Harris, Lee, Lucas, Marshall, Martin of Guilford, Parnell, 
Perdue, Sands, Seymour, and Warren: 

S.B. 36, a bill to create the North Carolina Drug Court Program. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Odom, Plexico, Plyler, Johnson, Conder, Forrester, Cochrane, Allran, 
Albertson, Cooper, Daniel, Edwards, Gunter, Harris, Kaplan, Lee, Lucas, Marshall, 
Martin of Guilford, Parnell, Sands, Seymour, Speed, Tally, Walker, Ward, and Warren: 

S.B. 37, a bill to appropriate funds for construction of a Drug and Alcohol Recovery 
Treatment (DART) Center, for operation of the center, and for the creation of a DWI 
database. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Perdue, Hoyle, Conder, Albertson, Daniel, Edwards, 
Gunter, Harris, Johnson, Lucas, Marshall, Odom, Plyler, Sands, Seymour, Tally, Walker, 
and Ward: 

S.B. 38, a bill to create the Governor's Council on Children, Youth, and Families. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Jordan, Martin of Guilford, Conder, Parnell, Albertson, Warren, 
Edwards, Martin of Pitt, Daniel, Lee, Lucas, Ballance, Soles, Hoyle, Forrester, 
Carpenter, Gunter, Harris, Marshall, Odom, Plyler, Sands, Seymour, Speed, Tally, 
Walker, and Ward: 

S.B. 39, a bill to require the Department of Correction to develop a plan for 
providing all inmates with literacy and job training skills prior to release from prison. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 9, 1994 



22 SENATE JOURNAL [Extraordinary Session 

By Senators Albertson, Parnell, Perdue, Martin of Pitt, Hoyle, Jordan, Allran, 
Cooper, Winner of Buncombe, Forrester, Smith, Gunter, Cochrane, Conder, Martin of 
Guilford, Kincaid, Simpson, Warren, Hartsell, Carpenter, Codington, Gulley, Hyde, 
Folger, Ballance, Edwards, Speed, Blackmon, Shaw, Tally, Sherron, Marshall, Lucas, 
Walker, Richardson, Kaplan, Winner of Mecklenburg, Ward, Plexico, Odom, Lee, 
Seymour, Soles, Daniel, Harris, and Plyler: 

S.B. 40, a bill to repeal the law providing that a defendant may choose 
imprisonment rather than probation or an alternative punishment and to amend the 
Constitution to provide that probation, restitution, community service, work programs, 
and other restraints on liberty are punishments that may be imposed on a person 
convicted of a criminal offense. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Perdue, Edwards, Gunter, Marshall, Odom, Parnell, Plexico, Sands, 
Seymour, Speed, and Ward: 

S.B. 41, a bill to require the public schools to provide instruction in respect for the 
laws of North Carolina and of the United States of America and obedience to the laws 
of morality and responsibility. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Perdue, Cooper, Daniel, Gulley, Gunter, Harris, Marshall, Martin of 
Guilford, Odom, Parnell, Sands, Seymour, Speed, Tally, Ward, and Winner of 
Mecklenburg: 

S.B. 42, a bill to appropriate funds for an alternative schools grant program and to 
permit judges to assign students to alternative schools. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Perdue, Cooper, Daniel, Edwards, Gunter, Harris, Marshall, Martin of 
Guilford, Odom, Parnell, Sands, Seymour, Tally, Walker, and Ward: 

S.B. 43, a bill to appropriate funds to increase the number of counselors for juvenile 
court and the number of probation and parole officers for adult offenders. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Kincaid, Albertson, Allran, Blackmon, Carpenter, Cochrane, Codington, 
Conder, Cooper, Daniel, Edwards, Folger, Forrester, Harris, Hartsell, Hoyle, Johnson, 
Kerr, Lee, Marshall, Martin of Pitt, Odom, Parnell, Perdue, Plexico, Plyler, Sands, 
Seymour, Shaw, Simpson, Smith, Speed, Ward, and Warren: 

S.B. 44, a bill permitting the use of deadly force against an intruder under certain 
circumstances. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

EXECUTIVE ORDERS 

Executive Orders received {see Appendix) are presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 38, Council on Health Policy Information. 
Referred to Rules and Operation of the Senate Committee. 

Executive Order Number 39, Amending Executive Order Number 23 concerning 
the Public School Administrator Task Force. 
Referred to Rules and Operation of the Senate Committee. 



February 9, 1994 



1994] SENATE JOURNAL 23 

Senator Sands offers a motion that the Senate do now resolve into a Committee of 
the Whole, which motion prevails. The President of the Senate relinquishes the gavel 
to Senator Basnight, President Pro Tempore, and the Senate sits as a Committee of the 
Whole, with Senator Basnight presiding. {See Appendix for the proceedings of the 
Committee of the Whole Senate.) 

Upon rising from the Committee of the Whole, Senator Soles, seconded by Senator 
Plexico, offers a motion the Senate do now adjourn to reconvene tomorrow, Thursday, 
February 10, at 1:30 P.M. which motion prevails. The Senate adjourns at 6:29 P.M. 



THIRD DAY 

Senate Chamber, 
Thursday, February 10, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Most Holy God, before we become involved in the routine of the day, we pause to 
seek Your Help. We admit that we have become wise and experienced in the ways of 
the world, yet know too little of the ways of God. But You Know each one of us by 
our deeds and our needs. 

"Inspire us today to be good stewards of the Love that You have for us, a Love, 
once we have come face to face with You, that will neither leave us nor let us go. In 
gratitude, we pray. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 9, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Sherron, to attend a previously scheduled meeting, and to Senator Hyde. 
Senator Carpenter is granted a leave of absence for tomorrow, Friday, February 11, due 
to a doctor's appointment. 

REPORTS OF COMMITTEES 

Bills are reported from select committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Select Committee on Courts: 

S.B. 31, a bill to appropriate funds to the Department of Crime Control and Public 
Safety for the Victims Assistance Network, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 34, a bill to allow evidence of a lack of seat belt use to be admitted in a 
criminal or civil proceeding to establish a justification for the stop of a vehicle, the 
same as in all other motor vehicle law violations, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



February 10, 1994 



24 SENATE JOURNAL [Extraordinary Session 

S.B. 36, a bill to create the North Carolina Drug Court Program, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 40, a bill to repeal the law providing that a defendant may choose imprison- 
ment rather than probation or an alternative punishment and to amend the Constitution 
to provide that probation, restitution, community service, work programs, and other 
restraints on liberty are punishments that may be imposed on a person convicted of a 
criminal offense, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

S.B. 10, a bill to amend the laws regarding the confiscation, forfeiture, and 
disposition of firearms, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 11, a bill to prohibit a person who was acquitted of certain criminal offenses by 
reason of insanity from possessing a firearm or a weapon of death and mass 
destruction, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 12, a bill to appropriate funds for prison construction and to a reserve to 
operate the additional prison facilities, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 13, a bill to appropriate funds for the leasing of jail space from local 
governments, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 16, a bill to appropriate funds to allow the Department of Correction to use 
existing space more efficiently, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 17, a bill to modify the prison population cap, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

RECALLS FROM COMMITTEE 

S.B. 10, a bill to amend the laws regarding the confiscation, forfeiture, and 
disposition of firearms, referred to the Appropriations Committee earlier today. 

Senator Daniel offers a motion the bill be recalled from the Appropriations 
Committee and further that the bill be placed on the Calendar for today for 
consideration upon its passage, which motions prevail. 

The Chair recalls the bill from the Appropriations Committee and places it on the 
Calendar for today. 

Senator Daniel offers a motion that the vote by which the motion to place the bill 
on the Calendar for today be reconsidered, which motion prevails, and the question 
becomes the motion to place the measure on the Calendar for today. 

Senator Daniel offers a substitute motion to place the bill on the Calendar for 
tomorrow, Friday, February 11, with unanimous consent, which motion prevails. 

The Chair orders the bill placed on the Calendar for tomorrow, Friday, February 11. 

S.B. 11, a bill to prohibit a person who was acquitted of certain criminal offenses by 
reason of insanity from possessing a firearm or a weapon of death and mass 
destruction, referred to the Appropriations Committee earlier today. 



February 10, 1994 



1994] SENATE JOURNAL 25 

Senator Daniel offers a motion the bill be recalled from the Appropriations 
Committee and further that the bill be placed on the Calendar for today for 
consideration upon its passage, which motions prevail. 

The Chair recalls the bill from the Appropriations Committee and places it on the 
Calendar for today. 

Senator Daniel offers a motion that the vote by which the motion to place the bill 
on the Calendar for today be reconsidered, which motion prevails, and the question 
becomes the motion to place the measure on the Calendar for today. 

Senator Daniel offers a substitute motion to place the bill on the Calendar for 
tomorrow, Friday, February 11, with unanimous consent, which motion prevails. 

The Chair orders the bill placed on the Calendar for tomorrow, Friday, February 11. 

S.B. 34, a bill to allow evidence of a lack of seat belt use to be admitted in a 
criminal or civil proceeding to establish a justification for the stop of a vehicle, the 
same as in all other motor vehicle law violations, referred to the Appropriations 
Committee earlier today. 

Senator Plyler offers a motion the bill be recalled from the Appropriations 
Committee and placed on the Calendar for tomorrow, Friday, February 11, which 
motions prevail. 

The Chair recalls the bill from the Appropriations Committee and orders it placed 
on the Calendar for tomorrow, Friday, February 11. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Plexico, Albertson, Allran, Cochrane, Codington, Conder, Forrester, 
Gulley, Harris, Hartsell, Hoyle, Kincaid, Lee, Martin of Pitt, Odom, Parnell, Sands, 
Sherron, Simpson, Smith, Speed, and Warren: 

S.B. 45, a bill to provide that upon a second conviction of certain violent felonies 
an offender is a violent habitual felon and shall be sentenced to life imprisonment 
without parole, unless the offender is sentenced to death for a capital offense. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Winner of Buncombe and Gunter: 

S.B. 46, a bill to amend the habitual felon law by redefining habitual felon and 
providing that the court shall automatically impose an enhanced sentence on a 
defendant who is an habitual felon. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Sands, Albertson, Allran, Blackmon, Folger, Forrester, Gunter, Hartsell, 
Hoyle, Johnson, Kaplan, Marshall, Martin of Pitt, Perdue, and Winner of Buncombe: 

S.B. 47, a bill to authorize the issuance of two hundred million dollars general obligation 
bonds of the State, subject to a vote of the qualified voters of the State, to provide funds, 
with any other available funds, for State prison and youth services facilities. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Finance Committee and upon a favorable report, re-referred 
to the Appropriations Committee. 

By Senators Sands, Albertson, Carpenter, Cochrane, Codington, Forrester, Hartsell, 
Hoyle, Kaplan, Kincaid, Martin of Pitt, Smith, Warren, and Winner of Buncombe: 

S.B. 48, a bill to raise the classification of all felonious acts of burglary and 
felonious acts of arson by two classes. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 



February 10, 1994 



26 SENATE JOURNAL [Extraordinary Session 

By Senators Seymour, Gunter, Sands, and Warren: 

S.B. 49, a bill to impose criminal penalties for the abuse or neglect of elder adults 
living at home. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Sands, Conder, and Gunter: 

S.B. 50, a bill to provide that a defendant who agrees to a suspended sentence, 
probation, or an alternative sentence or punishment and who willfully violates a 
condition of that judgment may be held in criminal contempt for the violation. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Cochrane, Allran, Blackmon, Carpenter, Codington, Forrester, Gunter, 
Hartsell, Kincaid, Shaw, Simpson, and Smith: 

S.B. 51, a bill to provide that a defendant convicted of a capital offense may be 
sentenced to death or life imprisonment without parole. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Hartsell, Carpenter, Cochrane, and Shaw: 

S.B. 52, a bill to require a defendant who elects to serve a sentence rather than be 
placed on probation to serve one-half of the sentence the defendant received before the 
defendant is eligible for parole. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Martin of Guilford, Conder, Folger, Forrester, Gunter, Harris, Hoyle, 
Kaplan, Lee, Lucas, Marshall, Martin of Pitt, Parnell, Perdue, Sands, Walker, Ward, 
Warren, and Winner of Mecklenburg: 

S.B. 53, a bill to establish pilot programs for treatment of parolees and probationers 
with substance abuse problems and to appropriate funds. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Forrester, Blackmon, Carpenter, Cochrane, Codington, Gunter, Hartsell, 
Hoyle, Shaw, and Warren: 

S.B. 54, a bill to amend the Constitution of North Carolina to establish rights for 
victims of crime and to provide for the imposition of a lien on a defendant's property 
to secure payment of the restitution awarded. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Forrester, Blackmon, Carpenter, Cochrane, Codington, Hartsell, Hoyle, 
Shaw, and Warren: 

S.B. 55, a bill to provide a mandatory ten-year sentence without parole for using a 
loaded or unloaded gun or a knife in a crime. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Forrester, Carpenter, Cochrane, Gunter, Hartsell, Hoyle, and Warren: 
S.B. 56, a bill to create the Legislative Commission on the Causes of Crime in 

North Carolina and to appropriate funds to the General Assembly for the Commission. 
Referred to Select Committee on Corrections/Punishment and upon a favorable 

report, re-referred to the Appropriations Committee. 



February 10, 1994 



1994] SENATE JOURNAL 27 

By Senators Hoyle, Carpenter, Forrester, Gunter, Harris, and Warren: 

S.B. 57, a bill to establish special aggravating circumstances relating to the 

imposition of the death sentence for the first degree murder of a sworn law 

enforcement officer. 
Referred to Select Committee on Corrections/Punishment and upon a favorable 

report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Marshall, Ballance, Blackmon, Carpenter, Folger, Gunter, Johnson, 
Lucas, Martin of Guilford, Sands, and Warren: 

S.B. 58, a bill to appropriate funds to the Crime Victims Compensation Fund. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Codington and Forrester: 
S.B. 59, a bill to repeal the prison population cap. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Carpenter, Allran, Cochrane, Codington, Forrester, Hartsell, Sands, 
Shaw, and Smith: 

S.B. 60, a bill to provide that a person committing a crime while injured is not a 
victim under the Crime Victims Compensation Act. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senators Kerr, Gunter, and Warren: 

S.R. 61, a Senate simple resolution requesting members of Congress representing 
North Carolina to consider, sponsor, and push for enactment of constitutional 
legislation limiting violence on television. 

Pursuant to Rule 40, the resolution is ordered held in the Office of the Principal 
Clerk. 

By Senators Kerr, Gunter, and Warren: 

S.B. 62, a bill to appropriate funds for a drug kingpin task force. 
Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Ballance: 

S.B. 63, a bill to provide that a convict or felon sentenced to death shall be executed 
in public by electrocution, by hanging, or by the administration of lethal gas or drugs 
in the county seat where the capital crime occurred. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 11 (Committee Substitute), a bill to prohibit a person who was acquitted of 
certain criminal offenses by reason of insanity from possessing a firearm or a weapon 
of death and mass destruction. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

APPOINTMENTS BY THE GOVERNOR 

The President directs the Reading Clerk to read: 



February 10, 1994 



28 SENATE JOURNAL [Extraordinary Session 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

February 1, 1994 

The Honorable Marc Basnight 
Senate President Pro Tempore 
Legislative Building 
Raleigh, North Carolina 27603 

Dear Marc, 

Pursuant to North Carolina General Statute 113-254, I hereby submit the name of 
Robert V. Lucas for consent of the North Carolina Senate as a member of the Atlantic 
States Marine Fisheries Commission. His term will expire on June 30, 1996. 
Mr. Lucas currently serves as chairman of the North Carolina Marine Fisheries 
Commission. 

Thank you for your attention to this important matter. 

My warmest personal regards. 

Sincerely, 

S/James B. Hunt, Jr. 

Governor 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

February 1, 1994 

The Honorable Marc Basnight 
Senate President Pro Tempore 
Legislative Building 
Raleigh, North Carolina 27603 

Dear Marc, 

Pursuant to North Carolina General Statute 126-2, I hereby submit the name of 
Maria F. Spaulding for confirmation by the General Assembly as a member of the 
North Carolina State Personnel Commission. Ms. Spaulding 's term will expire on 
June 30, 1999. 

Biographical information on Ms. Spaulding is attached. Please feel free to contact 
her should you need any additional information. 

Thank you for your attention to this important matter. 

My warmest personal regards. 

Sincerely, 

S/James B. Hunt, Jr. 

Governor 

Referred to State Personnel and State Government Committee. 



February 10, 1994 



1994] SENATE JOURNAL 29 

REPORTS OF COMMITTEES 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Soles for the Select Committee on Courts: 

S.B. 30, a bill pertaining to the determination of contributory misconduct under the 
Crime Victims Compensation Act and to appropriate funds to the Crime Victims 
Compensation Fund, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the proposed Committee 
Substitute bill 7802, which changes the title to read S.B. 30 (Committee Substitute), a 
bill to require the Crime Victims Compensation Commission and its Director to deny 
a claim of a person who was participating in a felony or a nontraffic misdemeanor at 
or about the time the person's injury occurred, is placed before the Senate for 
immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Friday, February 11, for further consideration. 

INTRODUCTION OF RESOLUTION 

On motion of Senator Sands, S.R. 74, filed earlier today, is presented to the Senate, 
read the first time and disposed of as follows: 

By Senator Sands: 

S.R. 74, a Senate simple resolution to permanently amend the Rules for the 1994 
Extra Session to extend the period for filing for introduction of bills. 

On motion of Senator Sands, the Senate simple resolution is placed before the 
Senate for immediate consideration. 

Senator Sands offers Amendment No. 1 which is adopted (46-0). 

On motion of Senator Sands, the Senate simple resolution, as amended, is adopted 
(47-0) and ordered engrossed. 

The text of this resolution, as amended, appears as follows: 

Be it resolved by the Senate: 

Section 1. Rule 40.1(a) of the Rules of the Senate for the 1994 Extra Session 
reads as rewritten: 

"(a) All bills and resolutions, except those adjourning the General Assembly or 
those addressing the judicial branch of government structure or elections, must be filed 
for introduction not later than 3:00 p.m. on Tuesday, February 15, 1994. Any such 
measure must be submitted to the Bill Drafting Division of the Legislative Services 
Office by 5:00 p.m. on Thursday, February 10, 1994, to be filed for introduction under 
this rule." 

Sec. 2. This resolution is effective upon adoption. 

APPOINTMENT BY THE GOVERNOR 

The President directs the Reading Clerk to read: 



February 10, 1994 



30 SENATE JOURNAL [Extraordinary Session 



STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

February 1, 1994 



The Honorable Marc Basnight 
Senate President Pro Tempore 
Legislative Building 
Raleigh, North Carolina 27603 

Dear Marc, 

Pursuant to North Carolina General Statute 115C-10, I hereby submit the name of 
Jay M. Robinson for confirmation by the General Assembly as a member of the North 
Carolina State Board of Education. Dr. Robinson replaces Thomas D'Alonzo, who 
resigned from the Board. His term will expire on March 31, 1997. 

Biographical information on Dr. Robinson is attached. Please feel free to contact 
him should you need any additional information. 

Thank you for your attention to this important matter. 

My warmest personal regards. 

Sincerely, 

S/James B. Hunt, Jr. 

Governor 

Referred to Education/Higher Education Committee. 

On motion of Senator Basnight, seconded by Senator Cochrane, the Senate adjourns 
at 2:29 P.M. to meet tomorrow, Friday, February 11, at 11:30 A.M. 



FOURTH DAY 

Senate Chamber, 
Friday, February 11, 1994. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the President of 
the Senate, due to extreme inclement weather. 

Prayer is offered by the Honorable Marvin M. Ward, Senator from Forsyth County, 
as follows: 

"Our Heavenly Father, as we begin this Special Session, we have been given the 
opportunity, the freedom, and the responsibility to take actions to make it possible for 
the citizens of our State to live in a better, safer, and more enjoyable place. 

"Guide us as we attempt to understand the proposals for change. Give us the 
courage to take the actions that will make a difference. 

"We ask for this guidance, in Thy Name. Amen." 



February 11, 1994 



1994] SENATE JOURNAL 3 1 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Thursday, February 10, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Walker, due to inclement weather; to Senator Forrester, to cover his medical 
practice; and to Senator Carpenter, Senator Sherron, and Senator Hyde. 

With unanimous consent, the Chair directs the Principal Clerk to send all messages 
ordered sent to the House of Representatives today sent by special messenger. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 40, a bill to repeal the law providing that a defendant may choose imprison- 
ment rather than probation or an alternative punishment and to amend the Constitution 
to provide that probation, restitution, community service, work programs, and other 
restraints on liberty are punishments that may be imposed on a person convicted of a 
criminal offense, with a favorable report. 

On motion of Senator Daniel, the rules are suspended and the bill is placed before 
the Senate for immediate consideration, upon second reading. 

Senator Gunter offers Amendment No. 1 which fails of adoption (2^4-0). 

Receiving a three-fifths majority affirmative vote, the bill passes its second reading 
by roll-call vote, ayes 42, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Basnight, Blackmon, 
Cochrane, Codington, Conder, Cooper, Daniel, Edwards, Folger, Gulley, Gunter, Harris, 
Hartsell, Hoyle, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, Lucas, Marshall, 
Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Sands, Seymour, Shaw, 
Simpson, Smith, Soles, Speed, Tally, Ward, Warren, Winner of Buncombe, and Winner 
of Mecklenburg — 42. 

Voting in the negative: Senator Ballance — 1. 

With unanimous consent, the bill remains on the Calendar for further consideration 
upon third reading. 

Receiving a three-fifths majority affirmative vote, the bill passes its third reading by 
roll-call vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Basnight, Blackmon, 
Cochrane, Codington, Conder, Cooper, Daniel, Edwards, Folger, Gulley, Gunter, Harris, 
Hartsell, Hoyle, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, Lucas, Marshall, 
Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Sands, 
Seymour, Shaw, Simpson, Smith, Soles, Speed, Tally, Ward, Warren, Winner of 
Buncombe, and Winner of Mecklenburg — 43. 

Voting in the negative: Senator Ballance — 1. 

The bill is ordered, without objection, sent to the House of Representatives by 
special messenger. 

A bill is reported from a select committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Odom for the Select Committee on Corrections/Punishment: 

S.B. 2, a bill to provide for life without parole for first degree murder, with a 
favorable report, as amended. 



February 11, 1994 



32 SENATE JOURNAL [Extraordinary Session 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consider- 
ation and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Codington and Hartsell: 

S.B. 64, a bill relating to admissibility under the North Carolina Rules of Evidence 
of the juvenile record of the accused or a witness in a criminal case and making 
conforming changes regarding the maintenance of juvenile records. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Rules and Operation of the Senate Committee. 

By Senator Perdue: 

S.B. 65, a bill to require all State and non-State agencies that receive funds for 
implementing anticrime initiatives to report to the Joint Legislative Corrections 
Oversight Committee. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senator Kerr: 

S.B. 66, a bill to direct the Administrative Office of the Courts to study the 
underutilization of the deferred prosecution program. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senator Kerr: 

S.B. 67, a bill to direct the Department of Correction to study the feasibility of 
diverting probation and parole violators to residential community corrections centers. 

Referred to Select Committee on Courts Committee and upon a favorable report, 
re-referred to the Rules and Operation of the Senate Committee. 

By Senator Edwards: 

S J.R. 68, a joint resolution urging the government of the State of North Carolina 
to take a leadership role in hiring qualified persons who have completed prison 
sentences or who are on parole. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senators Simpson, Cochrane, Forrester, Kincaid, and Shaw: 

S.B. 69, a bill to provide that the record of a juvenile adjudicated delinquent of an 

offense that would be either a felony or a certain class 1 misdemeanor if committed by 

an adult be open for public inspection. 
Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 

re-referred to the Rules and Operation of the Senate Committee. 



February 11, 1994 



1994] SENATE JOURNAL 33 

By Senators Parnell, Conder, and Martin of Pitt: 

S.B. 70, a bill to reinstate the recommendation of the Sentencing Commission 
regarding the habitual felon law; to provide that a defendant convicted of murder in the 
first degree may be sentenced to life without parole; to repeal the provision in the 
Structured Sentencing Act that would have provided that possession of less than one 
gram of cocaine was not a felony; to clarify that persons sentenced under the 
Structured Sentencing Act shall not be released under the prison population cap; to 
provide for the earlier implementation of structured sentencing by amending the 
effective dates of Chapters 538 and 539 of the 1993 Session Laws; to provide that a 
defendant who uses or threatens to use a firearm during the commission of a felony 
offense shall be sentenced to the mandatory maximum punishment for that felony 
offense; and to provide that a person who commits a third violent felony may be 
sentenced to life imprisonment without parole. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Parnell, Conder, and Martin of Pitt: 

S.B. 71, a bill to appropriate funds for the earlier implementation of the Structured 
Sentencing Act. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Parnell, Conder, and Martin of Pitt: 

S.B. 72, a bill to expedite the effectiveness of the State-County Criminal Justice 
Partnership Act and to appropriate funds to support the program. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Cooper and Soles: 

S.B. 73, a bill to appropriate funds to the Crime Victims Compensation Fund. 
Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Sands and Winner of Buncombe: 

S.B. 75, a bill to allow nontestimonial identification and publication of photographs 
of juveniles who have committed offenses that would be certain felonies if committed 
by adults. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Simpson, Blackmon, Carpenter, Cochrane, Codington, Hartsell, Kincaid, 
Shaw, and Smith: 

S.B. 76, a bill to create the Joint Legislative Corrections Oversight Committee. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senators Marshall, Blackmon, Carpenter, Codington, and Folger: 

S.B. 77, a bill to reduce the eligibility for parole once it is denied to once every two 

years rather than once each year. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 

report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Marshall, Gulley, and Sands: 

S.B. 78, a bill to require the Crime Victims Compensation Commission and its 
director to deny a claim of a person who was engaged in criminal activity at or about 
the time the person's injury occurred. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 



February 11, 1994 



34 SENATE JOURNAL [Extraordinary Session 

By Senators Winner of Mecklenburg, Daniel, Gulley, Kaplan, Kerr, Odom, Ward, 
and Winner of Buncombe: 

S.B. 79, a bill to reduce the eligibility for parole once it is denied to once every two 
years rather than once each year. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senators Albertson, Blackmon, Conder, Edwards, Folger, Hoyle, Jordan, Lucas, 
Martin of Pitt, Martin of Guilford, Parnell, Perdue, Plexico, Winner of Buncombe, and 
Winner of Mecklenburg: 

S.B. 80, a bill to establish a grant program for local crime prevention pilot programs 
that focus on truancy and truancy-related crime. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Allran, Albertson, Blackmon, Carpenter, Cochrane, Codington, Forrester, 
Gunter, Harris, Hoyle, Shaw, Sherron, Smith, Speed, and Warren: 

S.B. 81, a bill to raise the defined age of undisciplined juveniles from sixteen years 
to eighteen years in certain circumstances. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Rules and Operation of the Senate Committee. 

By Senators Cochrane, Allran, Cooper, Forrester, Gunter, Harris, Hartsell, Hoyle, 
Kerr, Kincaid, Lee, Plexico, Simpson, Smith, Speed, Walker, Ward, Warren, and 
Winner of Buncombe: 

S.B. 82, a bill to establish a legislative study on welfare reform, which reform will 
effect short-term and long-term crime prevention. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Winner of Buncombe: 

S.B. 83, a bill to repeal the prohibition on photographing and fingerprinting sixteen 
and seventeen year old juveniles under the jurisdiction of the Superior Court. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senator Winner of Buncombe: 

S.B. 84, a bill to provide for dismissal with leave pursuant to a deferred prosecution 
agreement and the reinstitution of proceedings against a defendant that fails to comply 
with the terms of the agreement. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senator Conder: 

S.B. 85, a bill to appropriate funds to the Judicial Department for the use of the 
Police Information Network (PIN) by district attorneys. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 10, a bill to amend the laws regarding the confiscation, forfeiture, and 
disposition of firearms. 

Senator Winner of Buncombe offers Amendment No. 1 which is adopted (43-0). 



February 11, 1994 



1994] SENATE JOURNAL 35 

Senator Shaw offers Amendment No. 2. 

Without objection, on motion of Senator Odom, the bill, as amended, is temporarily 
displaced, with Amendment No. 2 pending. 

S.B. 11, a bill to prohibit a person who was acquitted of certain criminal offenses by 
reason of insanity from possessing a firearm or a weapon of death and mass 
destruction. 

Senator Odom offers Amendment No. 1 which is adopted (44-0), changing the title 
to read, S.B. 11, a bill to prohibit a person who was acquitted of certain criminal 
offenses by reason of insanity or a person determined to be incapable to proceed from 
possessing a firearm or a weapon of death and mass destruction. 

Senator Cochrane offers Amendment No. 2. 

Without objection, on motion of Senator Odom, the bill, as amended, is temporarily 
displaced, with Amendment No. 2 pending. 

S.B. 30 (Committee Substitute), a bill to require the Crime Victims Compensation 
Commission and its Director to deny a claim of a person who was participating in a 
felony or a nontraffic misdemeanor at or about the time the person's injury occurred. 

The Committee Substitute bill passes its second (43-0) and third (43-0) readings and is 
ordered without objection, sent to the House of Representatives by special messenger. 

S.B. 11, a bill to prohibit a person who was acquitted of certain criminal offenses by 
reason of insanity or a person determined to be incapable to proceed from possessing 
a firearm or a weapon of death and mass destruction, as amended, with Amendment 
No. 2 pending, temporarily displaced ear her. 

Without objection, Senator Cochrane withdraws Amendment No. 2. 

The bill, as amended, passes its second reading (44-0). 

Senator Cochrane objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for Tuesday, February 15, for further consideration, 
upon third reading. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Perdue for the Select Committee on Juvenile/Prevention: 

S.B. 22, a bill to appropriate funds for public school coaches' mentor training, with 
a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consider- 
ation and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

CALENDAR (Continued) 

S.B. 10, a bill to amend the laws regarding the confiscation, forfeiture, and 
disposition of firearms, as amended, with Amendment No. 2 pending, temporarily 
displaced earlier. 

With unanimous consent, Senator Shaw withdraws Amendment No. 2. 

Senator Shaw offers Amendment No. 3 which is adopted (40-1). 

Senator Kerr offers Amendment No. 4. 

On motion of Senator Winner of Buncombe, further consideration of the bill, as 
amended, with Amendment No. 4 pending, is postponed until Tuesday, February 15. 



February 11, 1994 



36 SENATE JOURNAL [Extraordinary Session 

S.B. 34, a bill to allow evidence of a lack of seat belt use to be admitted in a 
criminal or civil proceeding to establish a justification for the stop of a vehicle, the 
same as in all other motor vehicle law violations. 

The bill passes its second (41-0) and third readings and is ordered sent to the House 
of Representatives by special messenger. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 7, a bill to repeal the provision in the Structured Sentencing Act that would 
have provided that possession of less than one gram of cocaine was not a felony. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

H.B. 10 (Committee Substitute), a bill to amend the laws regarding the confiscation, 
forfeiture, and disposition of firearms. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

H.B. 30 (Committee Substitute No. 2), a bill to require the Crime Victims 
Compensation Commission and its Director to deny a claim of a person who was 
engaged in criminal activity at or about the time the person's injury occurred. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

H.B. 34 (Committee Substitute), a bill to allow evidence of a lack of seat belt use 
to be admitted in a criminal or civil proceeding to establish a justification for the stop 
of a vehicle, the same as in all other motor vehicle law violations. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

WITHDRAWAL FROM CALENDAR 

S.B. 10, a bill to amend the laws regarding the confiscation, forfeiture, and 
disposition of firearms, as amended, with Amendment No. 4 pending, ordered placed 
on the Calendar for Tuesday, February 15, earlier today. 

Senator Odom offers a motion the bill, as amended, with Amendment No. 4 
pending, be recalled from the Calendar for Tuesday, February 15, and recommitted to 
the Select Committee on Corrections/Punishment which motions prevail. 

The Chair recalls the bill, as amended, with Amendment No. 4 pending, from the 
Calendar for Tuesday, February 15, and orders the measure recommitted to the Select 
Committee on Corrections/Punishment. 

On motion of Senator Soles, seconded by Senator Conder, the Senate adjourns at 
1:09 P.M. to meet Tuesday, February 15, at 1:30. 



February 11, 1994 



1994] SENATE JOURNAL 37 

FIFTH DAY 

Senate Chamber, 
Tuesday, February 15, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Hear, O God, the sincere petitions of the Senators gathered for this moment of 
prayer and deepen our feelings of unity and fellowship as we pray with them and for 
them. 

"Give us the wisdom to see that no good life comes without right discipline. Give 
us the grace to impose it upon ourselves, lest others do it for us. 

"Above all, allow us to see and hear what goes on in this place today through the 
eyes and ears of the eight-year-old, the-eighteen-year old, the eighty-year old, the 
living generations of people in our State for whom these laws will be written. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Friday, 
February 11, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Hyde, Senator Kaplan, and Senator Sherron. 

REPORT OF COMMITTEE 

Bills are reported from a select committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Select Committee on Courts: 

S.B. 43, a bill to appropriate funds to increase the number of counselors for juvenile 
court and the number of probation and parole officers for adult offenders, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 58, a bill to appropriate funds to the Crime Victims Compensation Fund, with 
a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 65, a bill to require all State and non-State agencies that receive funds for 
implementing anticrime initiatives to report to the Joint Legislative Corrections Over- 
sight Committee, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 66, a bill to direct the Administrative Office of the Courts to study the under- 
utilization of the deferred prosecution program, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 67, a bill to direct the Department of Correction to study the feasibility of 
diverting probation and parole violators to residential community corrections centers, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 



February 15, 1994 



38 SENATE JOURNAL [Extraordinary Session 

S.B. 76, a bill to create the Joint Legislative Corrections Oversight Committee, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Jordan: 

S.B. 86, a bill to appropriate funds to develop comprehensive coordinated child and 
adolescent alcohol and other drug mentoring initiatives in order to effect short-term 
and long-term crime prevention. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Edwards and Tally: 

S.B. 87, a bill to appropriate funds for additional beds at the Juvenile Detention 
Center in Cumberland County. 

Referred to Select Committee on Juveniles/Preventions and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Shaw: 

S.B. 88, a bill to prohibit the teaching or discussion in any class of any information 
related to sexual practices that are not lawful in North Carolina. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Rules and Operation of the Senate Committee. 

By Senator Shaw: 

S.B. 89, a bill to require that the parent, guardian, or next-of-kin of a minor who 
is charged by a law enforcement officer shall be notified immediately of the charge by 
the law enforcement officer making the charge. 

Referred to Select Committee on Juveniles/Prevention Committee and upon a 
favorable report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Tally and Edwards: 

S.B. 90, a bill to appropriate funds for the construction and operation of group 
homes to house juvenile offenders referred by the court who are in need of 
supervision, safe housing, and mental health treatment. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Tally , Edwards, Gulley, Walker, and Ward: 

S.B. 91, a bill to appropriate funds for the construction and operation of a residential 
facility to provide education and treatment services to certain juveniles. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Winner of Mecklenburg: 

S.B. 92, a bill to authorize the Legislative Research Commission to study the 
proliferation and criminal use of weapons in North Carolina. 

Referred to Rules and Operation of the Senate Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 15, 1994 



1994] SENATE JOURNAL 39 

By Senators Gulley, Albertson, Hartsell, Lee, Lucas, Marshall, Martin of Guilford, 
Odom, Plexico, and Sands: 

S.B. 93, a bill to establish the North Carolina Service Corps and to appropriate funds 
for its implementation. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Lee: 

S.B. 94, a bill to add 744 prison beds by appropriating funds for additional dayroom 
space at minimum and medium custody correctional facilities. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Odom: 

S.B. 95, a bill to provide that a person who is convicted of a violent crime and has 
a prior conviction for a violent crime shall receive a mandatory sentence of life impris- 
onment without parole, unless the person is sentenced to death. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senator Odom: 

S.B. 96, a bill to reduce the eligibility for parole once it is denied to once every two 
years rather than once each year. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senator Odom: 

S.B. 97, a bill to authorize the Secretary of Correction to contract for the housing of 
prisoners in privately operated correctional facilities. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senator Odom: 

S.B. 98, a bill to create the Legislative Study Commission on Farm Camp Programs 
and to appropriate funds. 

Referred to Rules and Operation of the Senate Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Simpson: 

S.B. 99, a bill to remove the restrictions on judicial campaigns. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Forrester, Allran, Blackmon, Cochrane, Codington, Hartsell, Kincaid, 
Shaw, Simpson, and Smith: 

S.B. 100, a bill to make it a felony to assault a law enforcement officer, a fireman, 
or an emergency medical service technician. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senator Sands: 

S.B. 101, a bill to appropriate funds to the Department of Crime Control and Public 
Safety for additional highway patrol troopers. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 15, 1994 



40 SENATE JOURNAL [Extraordinary Session 

By Senators Shaw and Martin of Guilford: 

S.B. 102, a bill to direct the Department of Correction to develop plans for a pilot 
program for the operation of a prison work camp by a county or coalition of counties. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Carpenter and Plexico: 

S.B. 103, a bill to increase the costs in criminal actions before the General Court of 
Justice to provide funds to be used as reward money to be paid out by local "crime 
stoppers" programs. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Ballance: 

S.B. 104, a bill to create the crime of feticide. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Rules and Operation of the Senate Committee. 

By Senator Ballance: 

S.B. 105, a bill to appropriate funds to raise the per diem reimbursement paid by the 
Department of Correction to counties for State inmates serving sentences of more than 
thirty days in local confmement facilities. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Ballance: 

S.B. 106, a bill to appropriate funds to the Satellite Jail/Work Release Unit Fund. 
Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Plyler: 

S.B. 107, a bill to appropriate funds. 

Referred to Appropriations Committee. 

By Senator Plyler: 

S.B. 108, a bill to appropriate funds. 

Referred to Appropriations Committee. 

By Senator Plyler: 

S.B. 109, a bill to appropriate funds. 

Referred to Appropriations Committee. 

By Senators Tally, Edwards, Gulley, Harris, Walker, and Ward: 

S.B. 110, a bill to strengthen the foundation of the juvenile justice system through 

an outcome-based enhancement of the Community-Based Alternatives Program and to 

appropriate funds. 
Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 

re-referred to the Appropriations Committee. 

By Senators Tally and Edwards: 

S.B. Ill, a bill to appropriate funds to construct a physical training facility for youth 
offenders. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 



February 15, 1994 



1994] SENATE JOURNAL 4 1 

By Senator Harris: 

S.B. 112, a bill to appropriate funds for pilot programs to provide alternatives to 
incarceration for people with mental retardation. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

REPORTS OF COMMITTEES 

Select committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Perdue for the Select Committee on Juveniles/Prevention: 

S.B. 20, a bill to appropriate funds for capital costs and operation of Wilderness 
Camps, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 2743 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 23, a bill to appropriate funds for the Governor's One on One Program, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 2745 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 24, a bill to require Department of Human Resources to conduct a com- 
prehensive study of the Division of Youth Services' Juvenile Justice System, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 2742 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

S.B. 39, a bill to require the Department of Correction to develop a plan for provid- 
ing all inmates with literacy and job training skills prior to release from prison, with 
a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate 
consideration and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 11, a bill to prohibit a person who was acquitted of certain criminal offenses by 
reason of insanity or a person determined to be incapable to proceed from possessing 
a firearm or a weapon of death and mass destruction, as amended, upon third reading. 

On motion of Senator Ballance, the bill, as amended, is recommitted to the Select 
Committee on Corrections/Punishment. 



February 15, 1994 



42 SENATE JOURNAL [Extraordinary Session 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 
Samantha Leigh Best, Burlington; Derek Evan Bittner, High Point; Heather LuJean 
Blaylock, Greensboro; Lara Ashley Bodenhamer, Rowland; Whitney Gatewood Dyer, 
Raleigh; Tiffany Bunn Edwards, Louisburg; Charles Gooch III, Fayetteville; Daniella 
Hirshfield, Charlotte; Amber Alaina Ivey, Mount Olive; Candice Ryan Ivey, Mount 
Olive; Curtis Lawson, Burlington; Elizabeth Mauney, Kings Mountain; Joe L. Parker, 
Benson; Sarah Ann Ray, Dunn; Lisa Michelle Richardson, Rocky Mount; Christopher 
Michael Swindell, Rocky Mount; and Denice Nichole Thurman, Erwin. 

INTRODUCTION OF BILLS AND RESOLUTIONS (Continued) 

Additional bills and resolutions filed for introduction are presented to the Senate 
pursuant to Rule 40.1, read the first time, and disposed of, as follows: 

By Senators Albertson, Jordan, Perdue, and Warren: 

S.B. 113, a bill to increase the penalties for making false bomb reports to certain 
educational, industrial, and governmental facilities and for using a false bomb to create 
a scare in these facilities. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senators Lee, Blackmon, Conder, Forrester, Hoyle, Kincaid, Martin of Pitt, 
Parnell, Plexico, Sands, Speed, and Warren: 

S.B. 114, a bill to provide that a portion of the net profits from prison enterprises 
and prison canteens shall be transferred to the Crime Victims Compensation Fund. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Lee and Hoyle: 

S.B. 115, a bill to authorize the Legislative Research Commission to study the need 
for a survival fund for the families of slain law enforcement officers. 

Referred to Rules and Operation of the Senate Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Hoyle and Forrester: 

S.B. 116, a bill to appropriate funds to the Greater After Prison Support Program. 
Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Hoyle, Forrester, Lee, Plyler, and Warren: 

S.B. 117, a bill to increase the death benefit for certain State and local law 
enforcement officers and firemen killed in the line of duty. 

Referred to Rules and Operation of the Senate Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators, Soles, Forrester, Hoyle, and Seymour: 

S.B. 118, a bill to expand the jurisdiction of magistrates to dispose of infractions, to 
facilitate the procedure for disposing of infractions, and to allow magistrates to dispose 
of all Level I misdemeanors according to plea agreements between the State and 
defendants. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



February 15, 1994 



1994] SENATE JOURNAL 43 

By Senators Soles, Forrester, Hoyle, and Seymour: 

S.B. 119, a bill to provide concurrent jurisdiction between the District and Superior 
Courts for disposition of certain felonies. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Marshall, Johnson, and Folger: 

S.B. 120, a bill to provide that records and files of juveniles adjudicated delinquent 
for a felony offense are open for inspection and use in subsequent juvenile and adult 
criminal proceedings. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Marshall and Folger: 

S.B. 121, a bill to provide that persons violating probation may forfeit their drivers 
licenses and any licenses or permits issued by the Wildlife Resources Commission for 
up to three years. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Marshall and Folger: 

S.B. 122, a bill to provide for the detention of juveniles transferred for trial as adults 
in local confinement facilities. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Rules and Operation of the Senate Committee. 

By Senator Cooper: 

S.B. 123, a bill to provide for the forfeiture or restriction of certain citizenship 
privileges of an individual convicted of a felony. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Cooper: 

S.B. 124, a bill to provide for the use of laser speed enforcement in North Carolina. 
Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senator Cooper: 

S.B. 125, a bill to amend Articles 52A and 53 of Chapter 14 of the General Statutes 
to conform with the "Brady Handgun Violence Prevention Act" and to make other 
changes. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Cooper: 

S.B. 126, a bill to appropriate funds for the Family Preservation Services Program. 
Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Cooper: 

S.B. 127, a bill to make selling or transferring of a pistol or crossbow without 
obtaining a permit negligence per se in any civil action resulting from the criminal 
misuse of the pistol or crossbow. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Finance Committee. 



February 15, 1994 



44 SENATE JOURNAL [Extraordinary Session 

By Senators Plyler, Blackmon, Daniel, Hoyle, Lee, and Odom: 

S.B. 128, a bill to appropriate funds to establish substance abuse programs in certain 

prisons. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 

report, re-referred to the Appropriations Committee. 

By Senators Cochrane, Allran, Forrester, and Smith: 

S.B. 129, a bill to effect long-term crime prevention by providing certain incentives 
to families receiving Aid to Families with Dependent Children to act responsibly in 
raising their children. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Allran: 

S.B. 130, a bill to provide that it is unlawful to engage in vaginal intercourse or 
other sexual acts with a child under sixteen years of age. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Allran, Cochrane, Forrester, and Smith: 

S.B. 131, a bill to direct the Department of Correction to bunk inmates in shifts. 
Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Allran, Cochrane, and Forrester: 

S.B. 132, a bill to restore the law to its state prior to 1971, so that a person does 
not have citizenship restored by completion of sentence, probation, or parole, but 
instead must wait two years after discharge and prove to the Superior Court good 
character. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Rules and Operation of the Senate Committee. 

By Senator Perdue: 

S.B. 133, a bill to appropriate funds to construct and operate the Eastern Processing 
Center at Vanceboro, a top priority medium security prison facility. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Perdue, Gulley, and Allran: 

S.B. 134, a bill to appropriate funds to allow more juveniles in need of a stable and 
disciplined upbringing to be placed in family group homes and residential placement 
facilities. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Perdue and Allran: 

S.B. 135, a bill to provide a procedure for eliminating frivolous lawsuits by 
prisoners and to establish a partial filing fee for prisoners proceeding as indigents. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Finance Committee. 

By Senators Perdue and Allran: 

S.B. 136, a bill to amend various criminal appeals statutes to expedite the appeals of 
capital and other criminal cases. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 



February 15, 1994 



1994] SENATE JOURNAL 45 

By Senators Perdue and Allran: 

S.B. 137, a bill to amend the Constitution to require the appellate courts to render 
a final decision in criminal cases within one year after the date the case was last 
scheduled for hearing. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Perdue: 

S.B. 138, a bill to establish a program to provide school and family assistance to 
students who are not achieving at their full potential due to educational neglect. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Rules and Operation of the Senate Committee. 

By Senator Cooper: 

S.B. 139, a bill to appropriate funds to the Department of Justice for additional legal 
staff positions at the Department of Correction. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Warren, Albertson, Allran, Blackmon, Carpenter, Codington, Conder, 
Forrester, Gulley, Gunter, Harris, Hoyle, Johnson, Kincaid, Lee, Martin of Pitt, Odom, 
Perdue, Plexico, Richardson, Sands, Shaw, Simpson, Smith, Walker, and Ward: 

S.B. 140, a bill to amend the Constitution of North Carolina to establish rights for 
victims of crime. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Martin of Guilford, Shaw, Seymour, and Tally: 

S.B. 141, a bill to appropriate funds for a new Guilford County juvenile detention 
facility. 

Referred to Select Committee on Juveniles/Preventions and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Winner of Mecklenburg, Allran, Gulley, Martin of Guilford, and Perdue: 
S.B. 142, a bill to appropriate funds for the Alternatives to Detention Program. 
Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Winner of Mecklenburg: 

S.B. 143, a bill to appropriate funds for staff and staff support in the Juvenile 
Services Division of the Administrative Office of the Courts and to require a review of 
counselors' training qualifications and job training. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Winner of Mecklenburg, Conder, Cooper, Gulley, Hoyle, Martin of 
Guilford, Odom, Richardson, Tally, and Ward: 

S.B. 144, a bill to appropriate funds for the establishment of local demonstration 
projects for the prevention of adolescent pregnancy. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Gulley and Odom: 

S.B. 145, a bill to require a person, firm, or corporation that sells more than two 
firearms a year to obtain a firearms dealers privilege license and to increase the penalty 
for failure to obtain a license. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Finance Committee. 



February 15, 1994 



46 SENATE JOURNAL [Extraordinary Session 

By Senators Odom, Lee, and Marshall: 

S.B. 146, a bill to appropriate funds to the Department of Crime Control and Public 
Safety to implement a statewide program to purchase firearms from persons who 
choose to voluntarily surrender their dangerous firearms. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Blackmon, Folger, Lee, Marshall, and Smith: 
S.B. 147, a bill to appropriate funds to the Department of Transportation for 
additional minimum custody road crews to increase the number of those crews working 
on roads in urban areas; to appropriate funds to the Department of Correction for 
additional minimum custody work crews to increase the number of those crews work- 
ing on land and in buildings owned by local government; and to require that inmates 
on road crews be identifiable to the public. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Blackmon, Folger, Lee, Marshall, Plexico, and Plyler: 

S.B. 148, a bill permitting the use of deadly force against an intruder under certain 

circumstances. 
Referred to Select Committee on Corrections/Punishment and upon a favorable 

report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Odom, Blackmon, Folger, Lee, Marshall, and Plexico: 

S.B. 149, a bill to provide a tuition incentive for North Carolina students enrolled in 

in-State and out-of-State institutions of higher education and proprietary schools and 

to appropriate funds, in order to effect long-term crime prevention by aiding people to 

be properly trained and gainfully employed. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 

re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 150, a bill to appropriate funds. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 151, a bill to appropriate funds. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 152, a bill to appropriate funds. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 153, a bill to provide a funding mechanism for the anticrime initiatives ratified 
by the General Assembly. 
Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 154, a bill to provide a funding mechanism for the anticrime initiatives ratified 
by the General Assembly. 
Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 155, a bill to provide a funding mechanism for the anticrime initiatives ratified 
by the General Assembly. 

Referred to Appropriations Committee. 



February 15, 1994 



1994] SENATE JOURNAL 47 

By Senator Daniel: 

S.B. 156, a bill relating to court funding. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 157, a bill relating to election of Superior Court judges. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Daniel: 

S.B. 158, a bill relating to election of District Court judges. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Daniel: 

S.B. 159, a bill to appropriate expansion funds to the Judicial Department for 
necessary positions and equipment necessary to effect the crime prevention initiatives of 
the 1994 Extra Session of the 1993 General Assembly and for other purposes. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Daniel: 

S.B. 160, a bill to raise the educational qualifications for the office of magistrate and 
to modify the magistrate's pay plan accordingly. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Daniel: 

S.B. 161, a bill to create the Uniform Criminal Justice Information Network 
Legislative Study Commission and to appropriate funds to the General Assembly for 
the Commission. 

Referred to Rules and Operation of the Senate Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 162, a bill to appropriate funds to the Department of Justice to provide grants 
to Sheriffs' Departments for drug purchases. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 163, a bill to direct the Department of Correction to bunk inmates in shifts. 
Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 164, a bill to appropriate funds to the Department of Crime Control and Public 
Safety for a drug dealer conviction reward fund. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senators Plyler and Daniel: 

S.B. 165, a bill to provide SBI field agents the same salary benefits as highway 
patrol members. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 



February 15, 1994 



48 SENATE JOURNAL [Extraordinary Session 

By Senators Plyler, Conder, and Hoyle: 

S.B. 166, a bill to revise the habitual felon law to provide a meaningful sentence for 
repeat felony offenders. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Plyler, Conder, and Hoyle: 

S.B. 167, a bill to provide that an enhanced sentence shall be imposed on a person 
convicted of a felony if the person was armed with or used a firearm during the 
commission of the felony. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Conder and Richardson: 

S.B. 168, a bill to impose a criminal penalty upon a parent or guardian who 
repeatedly fails to adequately supervise the parent's child or the guardian's ward under 
eighteen years of age by allowing the child to engage in certain potentially harmful 
activities. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Gunter, Albertson, Edwards, Forrester, Gulley, Hartsell, Johnson, Jordan, 
Marshall, Martin of Pitt, Parnell, Perdue, Richardson, and Warren: 

S.B. 169, a bill requiring each school to incorporate character education into its 
curriculum. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Gunter, Cochrane, Edwards, Folger, Forrester, Harris, Lee, Lucas, 
Marshall, Seymour, Smith, and Walker: 

S.B. 170, a bill to require the registration of persons convicted of certain criminal 
sexual offenses. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Sands: 

SJ.R. 171, a joint resolution reconvening the 1993 Regular Session for the sole 
purpose of ratifying bills, and then adjourning that Session to the time previously 
established. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Gunter, Forrester, Carpenter, and Allran: 

S.B. 172, a bill to require local school administrative units to establish alternative 
school programs and to appropriate funds for those programs. 

Referred to Select Committee on Juveniles/Preventions and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Speed, Kerr, Carpenter, and Forrester: 

S.B. 173, a bill to reduce General Fund appropriations by one percent other than to 
the Departments of Justice, Correction, and Crime Control and Public Safety. 
Referred to Appropriations Committee. 

Senator Sands offers a motion to the end that Senate simple resolution 61, 

previously filed for introduction and ordered held as filed in the Office of the Principal 
Clerk on February 10, be presented to the Senate for introduction, which motion 
prevails. The Senate simple resolution is presented, read, and disposed of as follows: 



February 15, 1994 



1994] SENATE JOURNAL 49 

By Senators Sands, Kerr, Warren, and Gunter: 

S.R. 61, a Senate simple resolution requesting members of Congress representing 
North Carolina to consider, sponsor, and push for enactment of constitutional legisla- 
tion limiting violence on television. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Winner of Buncombe: 

S.B. 174, a bill to divide each judicial division so as to reduce travel time and costs, 
to establish a new judicial pay scale, and to tie per diem reimbursement to Superior 
Court judges to travel outside the county of residence. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

On motion of Senator Basnight seconded by Senator Marshall, the Senate adjourns 
at 3:31 P.M. to meet tomorrow, Wednesday, February 16 at 1:30 P.M. 



SIXTH DAY 

Senate Chamber, 
Wednesday, February 16, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our God, many of us have come to the conclusion through our own life 
experiences that we can only truly know Your Will for us in retrospect. Prove us 
wrong today. 

"In the quietness of the desert You spoke to Moses, and in the quiet cave Elijah 
hears Your Voice. Even so, speak to us in the quietness of this moment, that we, too, 
may know the direction of Your Will in all the great and small decisions of our lives. 
Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 15, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Blackmon, due to a prior commitment, to Senator Hyde, and to Senator 
Edwards. 

REPORTS OF COMMITTEES 

Bills are reported from select committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Select Committee on Courts: 

S.B. 72, a bill to expedite the effectiveness of the State-County Criminal Justice 
Partnership Act and to appropriate funds to support the program, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



February 16, 1994 



50 SENATE JOURNAL [Extraordinary Session 

S.B. 79, a bill to reduce the eligibility for parole once it is denied to once every two 
years rather than once each year, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 84, a bill to provide for dismissal with leave pursuant to a deferred prosecution 
agreement and the reinstitution of proceedings against a defendant that fails to comply 
with the terms of the agreement, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 1, a bill to make technical amendments and conforming changes to the General 
Statutes and Session Laws relating to structured sentencing, misdemeanors, and felonies, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 9787 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 33, a bill to appropriate funds to the Department of Crime Control and Public 
Safety for development of a statewide criminal justice information system, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 5754, which 
changes the title to read S.B. 33 (Committee Substitute), a bill to appropriate funds to 
the Department of Crime Control and Public Safety for development of a statewide 
criminal justice information system and to appropriate funds to the Office of Budget 
and Management for development of a statewide integrated law enforcement commu- 
nications system, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 82, a bill to establish a legislative study on welfare reform, which reform will 
effect short-term and long-term crime prevention, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 5753 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 30 (Committee Substitute No. 2), a bill to require the Crime Victims Compensation 
Commission and its Director to deny a claim of a person who was engaged in criminal 
activity at or about the time the person's injury occurred, with an unfavorable report as to 
Committee Substitute bill No. 2, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the proposed Senate Committee Substitute bill 9326, 
which changes the title, upon concurrence, to read H.B. 30 (Senate Committee Substi- 
tute), a bill to require the Crime Victims Compensation Commission and its Director to 
deny a claim of a person who was participating in a felony or a nontraffic misdemean- 
or at or about the time the person's injury occurred, is placed before the Senate for 
immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 34 (Committee Substitute), a bill to allow evidence of a lack of seat belt use to be 
admitted in a criminal or civil proceeding to establish a justification for the stop of a 
vehicle, the same as in all other motor vehicle law violations, with an unfavorable report as 
to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 



February 16, 1994 



1994] SENATE JOURNAL 5 1 

On motion of Senator Soles, the proposed Senate Committee Substitute bill 7380 is 
placed before the Senate for immediate consideration, and on his further motion, is 
adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Odom for the Select Committee on Corrections/Punishment: 

S.B. 37, a bill to appropriate funds for construction of a Drug and Alcohol Recovery 
Treatment (DART) Center, for operation of the center, and for the creation of a DWI 
database, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 75, a bill to allow nontestimonial identification and publication of photographs 
of juveniles who have committed offenses that would be certain felonies if committed 
by adults, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 50, a bill to provide that a defendant who agrees to a suspended sentence, 
probation, or an alternative sentence or punishment and who willfully violates a condi- 
tion of that judgment may be held in criminal contempt for the violation, with a 
favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consider- 
ation and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the Rules 
and Operation of the Senate Committee. 

S.B. 14, a bill to provide for out-of-state housing of prison inmates, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 5752 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

A bill is reported from a standing committee out of the regular order of business, 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 17, a bill to modify the prison population cap, with a favorable report, as amended. 

Without objection, the Chair places the bill before the Senate for immediate consider- 
ation and Committee Amendment No. 1 is adopted. 

On motion of Senator Daniel, the bill, as amended, is placed on the Calendar for 
today, for further consideration upon its passage. 

RECALL FROM COMMITTEE 

S.B. 50, a bill to provide that a defendant who agrees to a suspended sentence, 
probation, or an alternative sentence or punishment and who willfully violates a condi- 
tion of that judgment may be held in criminal contempt for the violation, as amended 
by the Select Committee on Corrections/Punishment and referred to the Rules and 
Operation of the Senate Committee earlier today. 

Pursuant to Rule 47(b), with unanimous consent, Senator Sands offers a motion that 
the bill, as amended, be recalled from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee, which motions prevail. 

The Chair orders the bill, as amended, taken from the Rules and Operation of the 
Senate Committee and re-referred to the Appropriations Committee. 



February 16, 1994 



52 SENATE JOURNAL [Extraordinary Session 

S.B. 75, a bill to allow nontestimonial identification and publication of photographs 
of juveniles who have committed offenses that would be certain felonies if committed 
by adults, referred to the Rules and Operation of the Senate Committee earlier 
today. 

Pursuant to Rule 47(b), with unanimous consent, Senator Sands offers a motion that 
the bill be recalled from the Rules and Operation of the Senate Committee and 
re-referred to the Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Martin of Guilford for the Select Committee on Juveniles/Prevention: 

S.B. 41, a bill to require the public schools to provide instruction in respect for the 
laws of North Carolina and of the United States of America and obedience to the laws 
of morality and responsibility, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Ballance: 

S.B. 175, a bill to allow a District Court judgeship to be activated in District Court 
District 10, because approval under Section 5 of the Voting Rights Act is not required 
in that District. 

Referred to Select Committee on Courts. 

By Senator Ballance: 

S.B. 176, a bill to allow a district court judgeship to be activated in District Court 
District 10, because approval under Section 5 of the Voting Rights Act is not required 
in that District, and in District 30 where approval has been obtained, and to deal with 
the case of further partial preclearance. 

Referred to Select Committee on Courts. 

By Senator Ballance: 

S.B. 177, a bill to set a filing period for candidacies for positions as superior court 
judge, district court judge, and district attorney recently precleared by the United States 
Department of Justice, and for other offices in districts affected by that preclearance. 

Referred to Select Committee on Courts. 

RECALL FROM COMMITTEE 

S.B. 120, a bill to provide that records and files of juveniles adjudicated delinquent 
for a felony offense are open for inspection and use in subsequent juvenile and adult 
criminal proceedings, referred to the Select Committee on Corrections/Punishment on 
February 15. 

Pursuant to Rule 47(b), Senator Odom offers a motion that the bill be recalled from 
the Select Committee on Corrections/Punishment and re-referred to the Select Com- 
mittee on Juveniles/Prevention, which motions prevail. 

The Chair orders the bill taken from the Select Committee on Corrections/Punish- 
ment and re-referred to the Select Committee on Juveniles/Prevention. 



February 16, 1994 



1994] SENATE JOURNAL 53 

CALENDAR 

With unanimous consent, on motion of Senator Basnight, all bills and resolutions 
ordered sent to the House of Representatives during this Extra Session of the 1993 
General Assembly are sent by special messenger. 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 17, a bill to modify the prison population cap, as amended by the 
Appropriations Committee, placed on the Calendar earlier today, upon its passage. 

The bill, as amended, passes its second (42-0) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

RECALL FROM COMMITTEE 

S.B. 79, a bill to reduce the eligibility for parole once it is denied to once every two 
years rather than once each year, referred to the Rules and Operation of the Senate 
Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and placed on the Calendar for 
tomorrow, Thursday, February 17, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and placed on the Calendar for tomorrow, Thursday, February 17. 

S.B. 84, a bill to provide for dismissal with leave pursuant to a deferred prosecution 
agreement and the reinstitution of proceedings against a defendant that fails to comply 
with the terms of the agreement, referred to the Rules and Operation of the Senate 
Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and placed on the Calendar for 
tomorrow, Thursday, February 17, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and placed on the Calendar for tomorrow, Thursday, February 17. 

On motion of Senator Basnight, seconded by Senator Gunter, the Senate adjourns at 
2:07 P.M. to meet tomorrow, Thursday, February 17, at 12:30 P.M. 



SEVENTH DAY 

Senate Chamber, 
Thursday, February 17, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"A zealous man of God once said that the answer to criminality is not recreation, 
education, or even legislation; it is a face to face encounter with You. 

"Dear God, he could have made that statement about all of us. We might test his 
theory by personally beginning each day in Your Presence with the words of the 
psalmist on our lips, 'Create in me a clean heart, Oh God, and put a new and right 
spirit within me.' 



February 17, 1994 



54 SENATE JOURNAL [Extraordinary Session 

"After such an experience, we may look the same to others, but we shall be per- 
ceived much differently. Because a change of heart is more than cosmetic. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 16, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Martin of Pitt, Senator Soles, and Senator Hyde. 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

REPORTS OF COMMITTEES 

Bills are reported from select committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Select Committee on Courts: 

S.B. 177, a bill to set a filing period for candidacies for positions as superior court 
judge, district court judge, and district attorney recently precleared by the United States 
Department of Justice, and for other offices in districts affected by that preclearance, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 4712 is placed before the Senate for immediate consideration, and on his 
further motion, is adopted. 

On motion of Senator Cooper, the Committee Substitute bill remains before the 
Senate for immediate consideration upon its passage. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

By Senator Odom for the Select Committee on Corrections/Punishment: 

H.B. 7, a bill to repeal the provision in the Structured Sentencing Act that would 
have provided that possession of less than one gram of cocaine was not a felony, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

H.B. 10 (Committee Substitute), a bill to amend the laws regarding the confiscation, 
forfeiture, and disposition of firearms, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Odom, the proposed Senate Committee Substitute bill 7381 is 
placed before the Senate for immediate consideration, and on his further motion, is 
adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 11 (Committee Substitute), a bill to prohibit a person who was acquitted of 
certain criminal offenses by reason of insanity from possessing a firearm or a weapon 
of death and mass destruction, with an unfavorable report as to Committee Substitute 
bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Odom, the proposed Senate Committee Substitute bill 7382, 
which changes the title, upon concurrence, to read H.B. 11 (Senate Committee 
Substitute), a bill to prohibit a person who was acquitted of certain criminal offenses 
by reason of insanity or a person determined to be incapable to proceed from 
possessing a firearm or a weapon of death and mass destruction, is placed before the 
Senate for immediate consideration. 



February 17, 1994 



1994] SENATE JOURNAL 55 

On motion of Senator Odom, the Senate Committee Substitute bill is adopted. 
Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the Rules 
and Operation of the Senate Committee. 

A bill is reported from a standing committee out of the regular order of business, 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 2, a bill to provide for life without parole for first degree murder, as amended 
by the Select Committee on Corrections/Punishment, with a favorable report. 

Additional bills are reported from a select committee, read by their titles, together 
with the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

S.B. 53, a bill to establish pilot programs for treatment of parolees and probationers 
with substance abuse problems and to appropriate funds, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 128, a bill to appropriate funds to establish substance abuse programs in certain 
prisons, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

Senator Ballance offers a motion to suspend the rules to allow him a leave of 
absence from attending the Senate Session on Wednesday, February 16, which motion 
prevails. 

The Chair directs the Journal reflect a leave of absence for Senator Ballance granted 
for Wednesday, February 16. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 79, a bill to reduce the eligibility for parole once it is denied to once every two 
years rather than once each year. 

The bill passes its second reading (46-0). 

On motion of Senator Odom, the Chair orders, without objection, the bill 
temporarily displaced. 

S.B. 84, a bill to provide for dismissal with leave pursuant to a deferred prosecution 
agreement and the reinstitution of proceedings against a defendant that fails to comply 
with the terms of the agreement. 

The bill passes its second (45-0) and third readings and is ordered sent to the House 
of Representatives by special messenger. 

S.B. 79, a bill to reduce the eligibility for parole once it is denied to once every two 
years rather than once each year, temporarily displaced earlier, upon third reading. 

With unanimous consent, the measure remains before the Senate for further 
consideration upon third reading. 

The bill passes its third reading and is ordered sent to the House of Representatives 
by special messenger. 



February 17, 1994 



56 SENATE JOURNAL [Extraordinary Session 

RECALL FROM COMMITTEE 

H.B. 30 (Senate Committee Substitute), a bill to require the Crime Victims 
Compensation Commission and its Director to deny a claim of a person who was 
participating in a felony or a nontraffic misdemeanor at or about the time the person's 
injury occurred, referred to the Appropriations Committee on February 16. 

Senator Daniel offers a motion the Senate Committee Substitute bill be recalled from 
the Appropriations Committee and placed on the Calendar for tomorrow, Friday, 
February 18, which motions prevail. 

The Chair orders the Senate Committee Substitute bill recalled from the 
Appropriations Committee and placed on the Calendar for tomorrow, Friday, 
February 18. 

H.B. 34 (Senate Committee Substitute), a bill to allow evidence of a lack of seat belt 
use to be admitted in a criminal or civil proceeding to establish a justification for the 
stop of a vehicle, the same as in all other motor vehicle law violations, referred to the 
Appropriations Committee on February 16. 

Senator Daniel offers a motion the Senate Committee Substitute bill be recalled from 
the Appropriations Committee and placed on the Calendar for tomorrow, Friday, 
February 18, which motions prevail. 

The Chair orders the Senate Committee Substitute bill recalled from the 
Appropriations Committee and placed on the Calendar for tomorrow, Friday, 
February 18. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 177 (Committee Substitute), an act to set a filing period for candidacies for 
positions as superior court judge, district court judge, and district attorney recently 
precleared by the United States Department of Justice, and for other offices in districts 
affected by that preclearance. (Ch. 1) 

On motion of Senator Basnight, seconded by Senator Shaw, the Senate adjourns at 
2:45 P.M. to meet tomorrow, Friday, February 18, at 12:00 Noon. 



EIGHTH DAY 

Senate Chamber, 
Friday, February 18, 1994. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, we want to believe that the world we live in makes sense, that there 
is a pattern to it, and we look to You to teach us that pattern. 

"But, like the man who said, 'Lord, I believe, help my unbelief,' we must be taught 
that to really trust the world we must look at it through the eyes of faith. We must 
understand that to love our neighbors means calling out of them their highest and best 
selves, even if that's not what they want. In faith and gratitude we pray. Amen." 



February 18, 1994 



1994] SENATE JOURNAL 57 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Thursday, February 17, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Forrester, who is covering his medical practice for weekend call; to Senator 
Plexico, who is representing the Senate at the State meeting of County Boards of 
Elections as the Senate Chairman of the Election Laws Review Study Commission; and 
to Senator Folger, Senator Edwards, and Senator Hyde. A leave of absence is granted 
to Senator Marshall for a portion of today's session. 

REPORTS OF COMMITTEES 

Bills are reported from select committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Odom for the Select Committee on Corrections/Punishment: 

S.B. 5, a bill to provide life without parole for a third violent felony conviction, 
with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 71, a bill to appropriate funds for the earlier implementation of the Structured 
Sentencing Act, with a favorable report. 
Pursuant to Rule 43, the bill is re -referred to the Appropriations Committee. 

S.B. 97, a bill to authorize the Secretary of Correction to contract for the housing of 
prisoners in privately operated correctional facilities, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

S.B. 2, a bill to provide for life without parole for first degree murder, as amended 
by the Select Committee on Corrections/Punishment. 

Senator Odom offers Amendment No. 2 which is adopted (41-0). 

Senator Gulley offers Amendment No. 3 which he subsequently withdraws. 

Pursuant to Rule 42.3 A, the Chair rules the fiscal note attached to the jacket of the 
measure meets the provisions of G.S. 120-30. 

The bill, as amended, passes its second (39-5) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

REPORTS OF COMMITTEES 

Select committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 



February 18, 1994 



58 SENATE JOURNAL [Extraordinary Session 

By Senator Soles for the Select Committee on Courts: 

S.B. 164, a bill to appropriate funds to the Department of Crime Control and Public 
Safety for a drug dealer conviction reward fund, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 165, a bill to provide SBI field agents the same salary benefits as highway 
patrol members, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 174, a bill to divide each judicial division so as to reduce travel time and costs, 
to establish a new judicial pay scale, and to tie per diem reimbursement to Superior 
Court judges to travel outside the county of residence, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

By Senator Cooper for the Select Committee on Courts: 

S.B. 124, a bill to provide for the use of laser speed enforcement in North Carolina, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 159, a bill to appropriate expansion funds to the Judicial Department for 
necessary positions and equipment necessary to effect the crime prevention initiatives of 
the 1994 Extra Session of the 1993 General Assembly and for other purposes, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 116, a bill to appropriate funds to the Greater After Prison Support Program, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 4713 is 
placed before the Senate for immediate consideration, and on his further motion, is 
adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 139, a bill to appropriate funds to the Department of Justice for additional legal 
staff positions at the Department of Correction, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 1739 is 
placed before the Senate for immediate consideration, and on his further motion, is 
adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 176, a bill to allow a district court judgeship to be activated in District Court 
District 10, because approval under Section 5 of the Voting Rights Act is not required 
in that District, and in District 30 where approval has been obtained, and to deal with 
the case of further partial preclearance, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 9791 is placed before the Senate for immediate consideration, and on his 
further motion, is adopted. 

The Chair orders the Committee Substitute bill placed on the Calendar for the next 
legislative day, for further consideration. 

RECALL FROM COMMITTEE 

S.B. 97, a bill to authorize the Secretary of Correction to contract for the housing of 
prisoners in privately operated correctional facilities, referred to the Rules and 
Operation of the Senate Committee earlier today. 



February 18, 1994 



1994] SENATE JOURNAL 59 

Senator Sands offers a motion the bill be recalled from the Rules and Operation of 
the Senate Committee and re-referred to the Appropriations Committee, which 
motions prevail. 

The Chair orders the bill recalled from the Rules and Operation of the Senate 
Committee and re-refers the measure to the Appropriations Committee. 

CALENDAR (Continued) 

H.B. 30 (Senate Committee Substitute), a bill to require the Crime Victims 
Compensation Commission and its Director to deny a claim of a person who was 
participating in a felony or a nontraffic misdemeanor at or about the time the person's 
injury occurred. 

The Senate Committee Substitute bill passes its second (40-0) and third readings and 
is ordered sent to the House of Representatives by special messenger, for concurrence 
in the Senate Committee Substitute bill which changes the title. 

H.B. 34 (Senate Committee Substitute), a bill to allow evidence of a lack of seat belt 
use to be admitted in a criminal or civil proceeding to establish a justification for the 
stop of a vehicle, the same as in all other motor vehicle law violations. 

The Senate Committee Substitute bill passes its second (37-2) and third readings and 
is ordered sent to the House of Representatives by special messenger, for concurrence 
in the Senate Committee Substitute bill. 

On motion of Senator Basnight, seconded by Senator Sands, the Senate adjourns at 
1:16 P.M. to meet Tuesday, February 22, at 1:30 P.M. 



NINTH DAY 

Senate Chamber, 
Tuesday, February 22, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, at the beginning of another week in the Senate and on a day that 
marks the anniversary of the birthday of our country's first president, we remember 
George Washington's words, 'Labour to keep alive in your breast that little spark of 
celestial fire, — Conscience.' 

"Perhaps President Washington knew that the laws written on our hearts through 
Your Presence and Guidance inform and define all other laws. Let conscience dictate 
and affirm all that we do here, this week. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Friday, 
February 18, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Warren, due to a medical appointment. 



February 22, 1994 



60 SENATE JOURNAL [Extraordinary Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 27 (Committee Substitute), a bill to provide that a court may order that 
juvenile records of juveniles adjudicated or convicted of Class A - E felonies may be 
used at a subsequent criminal trial either in the guilt phase or to prove an aggravating 
factor at sentencing. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

H.B. 32 (Committee Substitute), a bill to require the Clerk of Superior Court to 
include the names of any victims in the information attached to a prisoner's commit- 
ment. 

Referred to Select Committee on Courts and upon a favorable report, re-referred to 
the Appropriations Committee. 

H.B. 57, a bill to authorize, under certain conditions, magistrates to issue domestic 
violence restraining orders and to make conforming changes to the General Statutes. 
Referred to Select Committee on Courts. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

S.B. 176 (Committee Substitute), a bill to allow a district court judgeship to be 
activated in District Court District 10, because approval under Section 5 of the Voting 
Rights Act is not required in that District, and in District 30 where approval has been 
obtained, and to deal with the case of further partial preclearance. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

REPORTS OF COMMITTEES 

Bills are reported from select committees out of the regular order of business, read 
by their titles, together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Odom for the Select Committee on Corrections/Punishment: 

S.B. 44, a bill permitting the use of deadly force against an intruder under certain 
circumstances, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 7814 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 46, a bill to amend the habitual felon law by redefining habitual felon and 
providing that the court shall automatically impose an enhanced sentence on a 
defendant who is an habitual felon, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 



February 22, 1994 



1994] SENATE JOURNAL 61 

On motion of Senator Odom, the proposed Committee Substitute bill 4714, which 
changes the title to read S.B. 46 (Committee Substitute), a bill to amend the habitual 
felon law by redefining habitual felon and providing that the court may impose an 
enhanced sentence on a defendant who is an habitual felon, is placed before the Senate 
for immediate consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

S.B. 70, a bill to reinstate the recommendation of the Sentencing Commission 
regarding the habitual felon law; to provide that a defendant convicted of murder in the 
first degree may be sentenced to life without parole; to repeal the provision in the 
Structured Sentencing Act that would have provided that possession of less than one 
gram of cocaine was not a felony; to clarify that persons sentenced under the 
Structured Sentencing Act shall not be released under the prison population cap; to 
provide for the earlier implementation of structured sentencing by amending the 
effective dates of Chapters 538 and 539 of the 1993 Session Laws; to provide that a 
defendant who uses or threatens to use a firearm during the commission of a felony 
offense shall be sentenced to the mandatory maximum punishment for that felony 
offense; and to provide that a person who commits a third violent felony may be 
sentenced to life imprisonment without parole, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 2759, which 
changes the title to read S.B. 70 (Committee Substitute), a bill to provide for the earlier 
implementation of structured sentencing, is placed before the Senate for immediate 
consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Cooper for the Select Committee on Courts: 

S.B. 83, a bill to repeal the prohibition on photographing and fingerprinting sixteen 
and seventeen year old juveniles under the jurisdiction of the Superior Court, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the proposed Committee Substitute bill 5756, which 
changes the title to read S.B. 83 (Committee Substitute), a bill to repeal the prohibition 
on photographing and fingerprinting sixteen- and seventeen-year-old juveniles under 
the jurisdiction of the Superior Court and providing for the automatic destruction of 
such records for all persons under eighteen if found not guilty or charge is dismissed, 
except as otherwise provided, is placed before the Senate for immediate consideration. 

On motion of Senator Cooper, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

S.B. 85, a bill to appropriate funds to the Judicial Department for the use of the 
Police Information Network (PIN) by district attorneys, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 106, a bill to appropriate funds to the Satellite Jail/Work Release Unit Fund, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



February 22, 1994 



62 SENATE JOURNAL [Extraordinary Session 

RECALL FROM COMMITTEE 

S.B. 161, a bill to create the Uniform Criminal Justice Information Network 
Legislative Study Commission and to appropriate funds to the General Assembly for 
the Commission, referred to the Rules and Operation of the Senate Committee on 
February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 98, a bill to create the Legislative Study Commission on Farm Camp Programs 
and to appropriate funds, referred to the Rules and Operation cf the Senate 
Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 117, a bill to increase the death benefit for certain State and local law 
enforcement officers and firemen killed in the line of duty, referred to the Rules and 
Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

The President recognizes the following pages serving in the Senate this week: 
Shannon Lynn Barker, Semora; Melissa Clare Bradley, Fuquay-Varina; Toshia Faye 
Braswell, Snow Hill; LaKisha Cameron, Raleigh; Matt Clayton, Cary; Alyson Sutton 
Evans, Rocky Mount; Lionel "Shane" Fernando, Wilmington; Joel Tyrone Gupton, 
Supply; John Nathan Hall, Spruce Pine; Anna Bradsher Honeycutt, Raleigh; B. Walker 
Jeffers, Raleigh; Chris Johnson, Washington; Toni Khoutsvanh, High Point; Steven 
Kirschbaum, Raleigh; Warte Moore, Ayden; Israel Gray Morrow, Claremont; Jennifer 
R. Murphy, Yanceyville; Eric Oden, Washington; Amanda Leigh Price, Cary; Hunter 
Rion, Raleigh; and Karen Thompson, Blanch. 

On motion of Senator Basnight, seconded by Senator Kincaid, the Senate adjourns 
at 1:55 P.M. to meet tomorrow, Wednesday, February 23, at 1:30 P.M. 



TENTH DAY 

Senate Chamber, 
Wednesday, February 23, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear God, on the days when our calendars are full and our 'things to do' lists are 
so long and complex, forgive us for being too pragmatic. 



February 23, 1994 



1994] SENATE JOURNAL 63 

"In order to complete all of our tasks quickly, pragmatism coerces us to ask the 
question, 'Will it work?' when instead we should be asking, 'Is it right?' 

"When we have time for only one question, Lord, let it be the latter. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 22, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Richardson and to Senator Cooper, whose child is having surgery in Chapel 
Hill. 

REPORTS OF COMMITTEES 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 41, a bill to require the public schools to provide instruction in respect for the 
laws of North Carolina and of the United States of America and obedience to the laws 
of morality and responsibility, with a favorable report. 

S.B. 44 (Committee Substitute), a bill permitting the use of deadly force against an 
intruder under certain circumstances, as rewritten by the Select Committee on 
Corrections/Punishment, with a favorable report. 

S.B. 39, a bill to require the Department of Correction to develop a plan for 
providing all inmates with literacy and job training skills prior to release from prison, 
as amended by the Select Committee on Corrections/Punishment, with a favorable 
report, as amended. 

Bills are reported from select committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Select Committee on Courts: 

S.B. 90, a bill to appropriate funds for the construction and operation of group 
homes to house juvenile offenders referred by the court who are in need of 
supervision, safe housing, and mental health treatment, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. Ill, a bill to appropriate funds to construct a physical training facility for youth 
offenders, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 114, a bill to provide that a portion of the net profits from prison enterprises 
and prison canteens shall be transferred to the Crime Victims Compensation Fund, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 143, a bill to appropriate funds for staff and staff support in the Juvenile 
Services Division of the Administrative Office of the Courts and to require a review of 
counselors' training qualifications and job training, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 170, a bill to require the registration of persons convicted of certain criminal 
sexual offenses, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 



February 23, 1994 



64 SENATE JOURNAL [Extraordinary Session 

On motion of Senator Soles, the proposed Committee Substitute bill 9792 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

S.B. 15, a bill to authorize the Secretary of Correction to contract with private 
for-profit or nonprofit firms to provide and operate treatment centers for the care of 
inmates diagnosed as needing treatment for alcohol or drug abuse, and to appropriate 
funds to contract for those treatment centers, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 102, a bill to direct the Department of Correction to develop plans for a pilot 
program for the operation of a prison work camp by a county or coalition of counties, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

By Senator Perdue for the Select Committee on Juveniles/Prevention: 

S.B. 25, a bill to appropriate funds for detention center beds, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 4717, which 
changes the title to read S.B. 25 (Committee Substitute), a bill to appropriate funds for 
detention center beds, training school operation, alternatives to detention program, 
group homes and residential placement facilities, community-based alternatives pro- 
gram, and evaluation of juvenile justice system, is placed before the Senate for immedi- 
ate consideration. 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 126, a bill to appropriate funds for the Family Preservation Services Program, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 144, a bill to appropriate funds for the establishment of local demonstration 
projects for the prevention of adolescent pregnancy, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 29 (Committee Substitute), a bill to provide for commitment of juveniles 
adjudicated delinquent for certain felony offenses to age eighteen. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

RECALL FROM COMMITTEE 

S.R. 61, a Senate simple resolution requesting members of Congress representing 
North Carolina to consider, sponsor, and push for enactment of constitutional 
legislation limiting violence on television, referred to the Rules and Operation of the 
Senate Committee on February 15. 



February 23, 1994 



1994] SENATE JOURNAL 65 

Pursuant to Rule 47(b), Senator Sands offers a motion that the Senate simple 
resolution be recalled from the Rules and Operation of the Senate Committee and 
re-referred to the Appropriations Committee, which motions prevail. 

The Chair orders the Senate simple resolution taken from the Rules and Operation 
of the Senate Committee and re-referred to the Appropriations Committee. 

S.B. 65, a bill to require all State and non-State agencies that receive funds for imple- 
menting anticrime initiatives to report to the Joint Legislative Corrections Oversight Com- 
mittee, referred to the Rules and Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the Appropri- 
ations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 66, a bill to direct the Administrative Office of the Courts to study the under- 
utilization of the deferred prosecution program, referred to the Rules and Operation 
of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 67, a bill to direct the Department of Correction to study the feasibility of 
diverting probation and parole violators to residential community corrections centers, 
referred to the Rules and Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 92, a bill to authorize the Legislative Research Commission to study the prolif- 
eration and criminal use of weapons in North Carolina, referred to the Rules and 
Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 98, a bill to create the Legislative Study Commission on Farm Camp Programs 
and to appropriate funds. 

Senator Sands offers a motion that the bill be recalled from the Rules and 
Operation of the Senate Committee and re-referred to the Appropriations Commit- 
tee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 99, a bill to remove the restrictions on judicial campaigns, referred to the Rules 
and Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 



February 23, 1994 



66 SENATE JOURNAL [Extraordinary Session 

S.B. 115, a bill to authorize the Legislative Research Commission to study the need 
for a survival fund for the families of slain law enforcement officers, referred to the 
Rules and Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 117, a bill to increase the death benefit for certain State and local law enforce- 
ment officers and firemen killed in the line of duty. 

Senator Sands offers a motion that the bill be recalled from the Rules and 
Operation of the Senate Committee and re-referred to the Appropriations Commit- 
tee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 124, a bill to provide for the use of laser speed enforcement in North Carolina, 
referred to the Rules and Operation of the Senate Committee on February 18. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 157, a bill relating to election of Superior Court judges, referred to the Rules 
and Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 158, a bill relating to election of District Court judges, referred to the Rules 
and Operation of the Senate Committee on February 15. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 161, a bill to create the Uniform Criminal Justice Information Network Legisla- 
tive Study Commission and to appropriate funds to the General Assembly for the 
Commission. 

Senator Sands offers a motion that the bill be recalled from the Rules and 
Operation of the Senate Committee and re-referred to the Appropriations Commit- 
tee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

RECONSIDERATION 

Senator Sands offers a motion that the vote by which the motions to recall from the 
Rules and Operation of the Senate Committee and re-refer the following bills to the 
Appropriations Committee prevailed be reconsidered, which motions prevail: 

S.B. 98, a bill to create the Legislative Study Commission on Farm Camp Programs 
and to appropriate funds. 



February 23, 1994 



1994] SENATE JOURNAL 67 

S.B. 117, a bill to increase the death benefit for certain State and local law enforce- 
ment officers and firemen killed in the line of duty. 

S.B. 161, a bill to create the Uniform Criminal Justice Information Network 
Legislative Study Commission and to appropriate funds to the General Assembly for 
the Commission. 

Pursuant to the re-referral of the bills to the Appropriations Committee on 
February 22, with unanimous consent, Senator Sands withdraws his motions to recall 
the bills from the Rules and Operation of the Senate Committee 

RECALL FROM COMMITTEE 

S.B. 46 (Committee Substitute), a bill to amend the habitual felon law by redefining 
habitual felon and providing that the court may impose an enhanced sentence on a 
defendant who is an habitual felon, referred to the Rules and Operation of the Senate 
Committee on February 22. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the Committee Substitute 
bill be recalled from the Rules and Operation of the Senate Committee and placed 
on the Calendar for tomorrow, Thursday, February 24, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Rules and Operation 
of the Senate Committee and placed on the Calendar for tomorrow, Thursday, 
February 24, upon its passage. 

S.B. 83 (Committee Substitute), a bill to repeal the prohibition on photographing and 
fingerprinting sixteen- and seventeen-year-old juveniles under the jurisdiction of the 
Superior Court and providing for the automatic destruction of such records for all 
persons under eighteen if found not guilty or charge is dismissed, except as otherwise 
provided, referred to the Rules and Operation of the Senate Committee on 
February 22. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the Committee Substitute 
bill be recalled from the Rules and Operation of the Senate Committee and placed 
on the Calendar for tomorrow, Thursday, February 24, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Rules and Operation 
of the Senate Committee and placed on the Calendar for tomorrow, Thursday, 
February 24, upon its passage. 

REPORTS OF COMMITTEE 

Bills are reported from a select committee out of the regular order of business, read 
by their titles, together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Perdue for the Select Committee on Juveniles/Prevention: 

S.B. 18, a bill to implement the Save Our Students (S.O.S.) Program, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

With unanimous consent, the proposed Committee Substitute bill 4718, which 
changes the title to read S.B. 18 (Committee Substitute), a bill to implement the 
Support Our Students (S.O.S.) Program, to establish the Family Resource Center Grant 
Program, and to appropriate funds for these programs, is placed before the Senate for 
immediate consideration and adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 38, a bill to create the Governor's Council on Children, Youth, and Families, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 



February 23, 1994 



68 SENATE JOURNAL [Extraordinary Session 

With unanimous consent, the proposed Committee Substitute bill 2760, which 
changes the title to read S.B. 38 (Committee Substitute), a bill to create the Governor's 
Council on Children, Youth, and Families, to create County Councils on Children, 
Youth, and Families, and to make an appropriation, is placed before the Senate for 
immediate consideration and adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

On motion of Senator Basnight, seconded by Senator Seymour, the Senate adjourns 
at 2:43 P.M. to meet tomorrow, Thursday, February 24, at 8:30 A.M. 



ELEVENTH DAY 

Senate Chamber, 
Thursday, February 24, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote by 
Frederick Buechner, as follows: 

"Judgment is a precarious responsibility, O God. 

"Judge not that you be not judged, the Scripture says. But rather than to exonerate 
us from the difficult task of making judgments, this Scripture reminds us that we are, 
all of us, judged every day. 

'"By You, by the face that looks back at us from the mirror, by the faces of the 
people we love, and the faces of the unloved in our world.' 

"Each day finds us at the junction of many roads, and we are judged as much by 
the roads we have not taken as by the roads we have. 

"Guide us, Dear Lord, in our judgments, today. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 23, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Kaplan, who is attending a funeral; to Senator Edwards, to Senator Richardson, 
and to Senator Cooper. 

The Chair extends courtesies of the floor to William H. Barker, former Senator from 
Pamlico County. 

REPORTS OF COMMITTEES 

Bills and a resolution are reported from select committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Perdue for the Select Committee on Juveniles/Prevention: 

S.B. 80, a bill to establish a grant program for local crime prevention pilot programs 
that focus on truancy and truancy-related crime, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



February 24, 1994 



1994] SENATE JOURNAL 69 

S.B. 86, a bill to appropriate funds to develop comprehensive coordinated child and 
adolescent alcohol and other drug mentoring initiatives in order to effect short-term 
and long-term crime prevention, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 88, a bill to prohibit the teaching or discussion in any class of any information 
related to sexual practices that are not lawful in North Carolina, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 21, a bill to appropriate funds for construction and operation of a boot camp 
for youthful offenders, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate 
consideration and Committee Amendments No. 1 and No. 2 are adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

S.B. 42, a bill to appropriate funds for an alternative schools grant program and to 
permit judges to assign students to alternative schools, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 5762 is placed 
before the Senate for immediate consideration, and on her further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 93, a bill to establish the North Carolina Service Corps and to appropriate funds 
for its implementation, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 7816 is placed 
before the Senate for immediate consideration, and on her further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 81, a bill to raise the defined age of undisciplined juveniles from sixteen years 
to eighteen years in certain circumstances, with an unfavorable report. 

S.B. 104, a bill to create the crime of feticide, with an unfavorable report. 

By Senator Soles for the Select Committee on Courts: 

SJ.R. 68, a joint resolution urging the government of the State of North Carolina 
to take a leadership role in hiring qualified persons who have completed prison 
sentences or who are on parole, with a favorable report. 

Pursuant to Rule 43, the joint resolution is re-referred to the Rules and Operation 
of the Senate Committee. 

S.B. 118, a bill to expand the jurisdiction of magistrates to dispose of infractions, to 
facilitate the procedure for disposing of infractions, and to allow magistrates to dispose 
of all Level I misdemeanors according to plea agreements between the State and 
defendants, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 119, a bill to provide concurrent jurisdiction between the District and Superior 
Courts for disposition of certain felonies, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 



February 24, 1994 



70 SENATE JOURNAL [Extraordinary Session 

S.B. 160, a bill to raise the educational qualifications for the office of magistrate and 
to modify the magistrate's pay plan accordingly, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

H.B. 57, a bill to authorize, under certain conditions, magistrates to issue domestic 
violence restraining orders and to make conforming changes to the General Statutes, 
with a favorable report. 

S.B. 103, a bill to increase the costs in criminal actions before the General Court of 
Justice to provide funds to be used as reward money to be paid out by local "crime 
stoppers" programs, with an unfavorable report as to bill, but favorable as to Commit- 
tee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 7815, which 
changes the title to read S.B. 103 (Committee Substitute), a bill to appropriate funds to 
local "crime stoppers" programs throughout the State, is placed before the Senate for 
immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

S.B. 112, a bill to appropriate funds for pilot programs to provide alternatives to 
incarceration for people with mental retardation, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 1743 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 32 (Committee Substitute), a bill to require the Clerk of Superior Court to 
include the names of any victims in the information attached to a prisoner's commit- 
ment, with an unfavorable report as to Committee Substitute bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Soles, the proposed Senate Committee Substitute bill 4253 is 
placed before the Senate for immediate consideration, and on his further motion, is 
adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

RECALL FROM COMMITTEE 

S.B. 103 (Committee Substitute), a bill to appropriate funds to local "crime stoppers" 
programs throughout the State, referred to the Finance Committee earlier today. 

Pursuant to Rule 47(b), Senator Winner of Buncombe offers a motion that the Com- 
mittee Substitute bill be recalled from the Finance Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Finance Committee 
and re-referred to the Appropriations Committee. 

REPORTS OF COMMITTEES 

Select committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Odom for the Select Committee on Corrections/Punishment: 

S.B. 162, a bill to appropriate funds to the Department of Justice to provide grants 
to Sheriffs' Departments for drug purchases, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 



February 24, 1994 



1994] SENATE JOURNAL 7 1 

On motion of Senator Odom, the proposed Committee Substitute bill 2762, which 
changes the title to read S.B. 162 (Committee Substitute), a bill to appropriate funds to the 
Department of Justice to provide grants to Sheriffs' Departments or other local law enforce- 
ment agencies for drug purchases, is placed before the Senate for immediate consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 47, a bill to raise the maximum daily wage paid to prisoners by prison enter- 
prises and to provide that those wages be paid on an hourly or production-quota basis, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 48, a bill to raise the classification of all felonious acts of burglary and 
felonious acts of arson by two classes, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Rules and Operation of the 
Senate Committee. 

S.B. 56, a bill to create the Legislative Commission on the Causes of Crime in 
North Carolina and to appropriate funds to the General Assembly for the Commission, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 94, a bill to add 744 prison beds by appropriating funds for additional dayroom 
space at minimum and medium custody correctional facilities, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 133, a bill to appropriate funds to construct and operate the Eastern Processing 
Center at Vanceboro, a top priority medium security prison facility, with a favorable report 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 3, a bill to provide that a person convicted of a rape or sex offense that the 
court finds to be especially heinous, atrocious, or cruel shall be sentenced to life 
imprisonment without parole, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 5761, which 
changes the title to read S.B. 3 (Committee Substitute), a bill to increase the 
punishment under structured sentencing for first degree rape and first degree sexual 
offense, including life without parole for prior record Levels IV, V, and VI, is placed 
before the Senate for immediate consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 8, a bill to prohibit the possession of firearms and weapons of mass death and 
destruction by felons, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 2763 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 49, a bill to impose criminal penalties for the abuse or neglect of elder adults 
living at home, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill A741 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 



February 24, 1994 



72 SENATE JOURNAL [Extraordinary Session 

S.B. 63, a bill to provide that a convict or felon sentenced to death shall be executed 
in public by electrocution, by hanging, or by the administration of lethal gas or drugs 
in the county seat where the capital crime occurred, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 1745, which 
changes the title to read S.B. 63 (Committee Substitute), a bill to provide that a convict 
or felon sentenced to death shall be executed in public, is placed before the Senate for 
immediate consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 148, a bill permitting the use of deadly force against an intruder under certain 
circumstances, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 2761, which 
changes the title to read S.B. 148 (Committee Substitute), a bill creating a prima facie 
presumption that the use of deadly force against an intruder is justified under certain 
circumstances, is placed before the Senate for immediate consideration. 

On motion of Senator Odom, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

S.B. 167, a bill to provide that an enhanced sentence shall be imposed on a person 
convicted of a felony if the person was armed with or used a firearm during the 
commission of the felony, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Odom, the proposed Committee Substitute bill 5760 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

S.B. 4, a bill to revise the effective date of structured sentencing for certain violent 
offenses, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Ballance, the proposed Committee Substitute bill 5757 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 147, a bill to appropriate funds to the Department of Transportation for 
additional minimum custody road crews to increase the number of those crews working 
on roads in urban areas; to appropriate funds to the Department of Correction for 
additional minimum custody work crews to increase the number of those crews 
working on land and in buildings owned by local government; and to require that 
inmates on road crews be identifiable to the public, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ballance, the proposed Committee Substitute bill A740, which 
changes the title to read S.B. 147 (Committee Substitute), a bill to appropriate funds to 
the Department of Transportation for additional minimum and medium custody road 
crews to increase the number of those crews working on roads in urban areas; to 
appropriate funds to the Department of Correction for additional minimum and medium 
custody work crews to increase the number of those crews working on land and in 
buildings owned by local governments; and to require that inmates on road crews be 
identifiable to the public, is placed before the Senate for immediate consideration. 



February 24, 1994 



1994] SENATE JOURNAL 73 

On motion of Senator Ballance, the Committee Substitute bill is adopted. 
Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

S.B. 39, a bill to require the Department of Correction to develop a plan for provid- 
ing all inmates with literacy and job training skills prior to release from prison, as 
amended by the Select Committee on Corrections/Punishment. 

On motion of Senator Odom, Committee Amendment No. 2 is adopted, changing 
the title to read S.B. 39, a bill to require the Department of Correction to develop a 
plan for providing inmates with literacy and job training skills prior to release from 
prison. 

Without objection, on motion of Senator Daniel, the bill, as amended, is temporarily 
displaced. 

S.B. 46 (Committee Substitute), a bill to amend the habitual felon law by redefining 
habitual felon and providing that the court may impose an enhanced sentence on a 
defendant who is an habitual felon. 

With unanimous consent, on motion of Senator Daniel, the Committee Substitute bill 
is taken up out of its regular order of business. 

On motion of Senator Daniel, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 41, a bill to require the public schools to provide instruction in respect for the 
laws of North Carolina and of the United States of America and obedience to the laws 
of morality and responsibility. 

Senator Sands offers Amendment No. 1. 

Without objection, on motion of Senator Sands, the bill, with Amendment No. 1 
pending, is temporarily displaced. 

S.B. 44 (Committee Substitute), a bill permitting the use of deadly force against an 
intruder under certain circumstances. 

The Chair rules a fiscal note required prior to consideration. 

On motion of Senator Kincaid, consideration of the Committee Substitute bill is 
postponed until tomorrow, Friday, February 25, for receipt of a fiscal note. 

S.B. 83 (Committee Substitute), a bill to repeal the prohibition on photographing and 
fingerprinting sixteen- and seventeen-year-old juveniles under the jurisdiction of the 
Superior Court and providing for the automatic destruction of such records for all 
persons under eighteen if found not guilty or charge is dismissed, except as otherwise 
provided. 

The Committee Substitute bill passes its second (41-0) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

S.B. 41, a bill to require the public schools to provide instruction in respect for the 
laws of North Carolina and of the United States of America and obedience to the laws 
of morality and responsibility, with Amendment No. 1 pending, temporarily displaced 
earlier. 

Senator Sands offers Amendment No. 2, perfecting Amendment No. 1, which is 
adopted (41-0). 

Amendment No. 1, offered by Senator Sands, as amended, is adopted (40-0). 

The bill, as amended, passes its second (41-0) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 



February 24, 1994 



74 SENATE JOURNAL [Extraordinary Session 

RECALL FROM COMMITTEE 

S.B. 131, a bill to direct the Department of Correction to bunk inmates in shifts, 
referred to the Select Committee on Corrections/Punishment on February 15. 

Pursuant to Rule 47(b), Senator Odom offers a motion that the bill be recalled from 
the Select Committee on Corrections/Punishment and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Select Committee on Corrections/ 
Punishment and re-referred to the Appropriations Committee. 

S.B. 163, a bill to direct the Department of Correction to bunk inmates in shifts, 
referred to the Select Committee on Corrections/Punishment on February 15. 

Pursuant to Rule 47(b), Senator Odom offers a motion that the bill be recalled from 
the Select Committee on Corrections/Punishment and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Select Committee on Corrections/ 
Punishment and re-referred to the Appropriations Committee. 

CALENDAR (Continued) 

S.B. 39, a bill to require the Department of Correction to develop a plan for 
providing inmates with literacy and job training skills prior to release from prison, as 
amended, temporarily displaced earlier. 

On motion of Senator Daniel, further consideration of the bill, as amended, is 
postponed until Tuesday, March 1. 

REPORTS OF COMMITTEE 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Soles for the Select Committee on Courts: 

S.B. 35, a bill to establish an additional superior court judgeship and five additional 
assistant district attorney positions in Mecklenburg County and to appropriate funds for 
the Mecklenburg County Drug Court Program, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 5759, which 
changes the title to read S.B. 35 (Committee Substitute), a bill to establish one 
additional Superior Court Judgeship, one Special Superior Court Judgeship, and five 
additional assistant district attorney positions; to establish a pilot drug court program in 
the Thirteenth Judicial District; to appropriate funds for the Mecklenburg County Drug 
Court Program and the pilot drug court program; and to require the imposition of 
sanctions for an unfounded affidavit charging a district attorney with grounds for 
removal, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 113, a bill to increase the penalties for making false bomb reports to certain 
educational, industrial, and governmental facilities and for using a false bomb to create 
a scare in these facilities, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 



February 24, 1994 



1994] SENATE JOURNAL 75 

On motion of Senator Soles, the proposed Committee Substitute bill 1744, which 
changes the title to read S.B. 113 (Committee Substitute), a bill to increase the 
penalties for making false bomb reports and for using a false bomb to create a scare, 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

S.B. 123, a bill to provide for the forfeiture or restriction of certain citizenship 
privileges of an individual convicted of a felony, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 7817, which 
changes the title to read S.B. 123 (Committee Substitute), a bill to provide for the 
forfeiture or restriction of certain citizenship privileges of an individual convicted of a 
crime, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-deferred to the Finance Committee. 

S.B. 132, a bill to restore the law to its state prior to 1971, so that a person does not 
have citizenship restored by completion of sentence, probation, or parole, but instead must 
wait two years after discharge and prove to the Superior Court good character, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 2764 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

S.B. 137, a bill to amend the Constitution to require the appellate courts to render a final 
decision in criminal cases within one year after the date the case was last scheduled for 
hearing, with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill A743, which 
changes the title to read S.B. 137 (Committee Substitute), a bill to authorize the 
Criminal Law Study Committee of the Legislative Research Commission to study the 
needs and ways to expedite the criminal appeals process and reduce frivolous lawsuits 
by inmates, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 140, a bill to amend the Constitution of North Carolina to establish rights for 
victims of crime, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill 9793 is placed 
before the Senate for immediate consideration, and on his further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 145, a bill to require a person, firm, or corporation that sells more than two 
firearms a year to obtain a firearms dealers privilege license and to increase the penalty 
for failure to obtain a license, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Soles, the proposed Committee Substitute bill A742, which 
changes the title to read S.B. 145 (Committee Substitute), a bill to increase the penalty 
for failure to obtain a privilege license to be a dealer in firearms or other weapons, is 
placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 



February 24, 1994 



76 SENATE JOURNAL [Extraordinary Session 

RECALL FROM COMMITTEE 

S.B. 132 (Committee Substitute), a bill to restore the law to its state prior to 1971, 
so that a person does not have citizenship restored by completion of sentence, 
probation, or parole, but instead must wait two years after discharge and prove to the 
Superior Court good character, reported from the Select Committee on Courts, 
adopted, and referred to the Rules and Operation of the Senate Committee earlier 
today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the Committee Substitute 
bill be recalled from the Rules and Operation of the Senate Committee and 
re-referred to the Finance Committee, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Rules and Operation 
of the Senate Committee and re-referred to the Finance Committee. 

S.B. 148 (Committee Substitute), a bill creating a prima facie presumption that the 
use of deadly force against an intruder is justified under certain circumstances, reported 
from the Select Committee on Corrections/Punishment, adopted, and referred to the 
Rules and Operation of the Senate Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the Committee Substitute 
bill be recalled from the Rules and Operation of the Senate Committee and placed 
on the Calendar for Monday, February 28, upon its passage, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Rules and Operation 
of the Senate Committee and placed on the Calendar for Monday, February 28. 

SJ.R. 68, a joint resolution urging the government of the State of North Carolina 
to take a leadership role in hiring qualified persons who have completed prison 
sentences or who are on parole, referred to the Rules and Operation of the Senate 
Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the joint resolution be 
recalled from the Rules and Operation of the Senate Committee and placed on the 
Calendar for Monday, February 28, upon its passage, which motions prevail. 

The Chair orders the joint resolution taken from the Rules and Operation of the 
Senate Committee and placed on the Calendar for Monday, February 28. 

S.B. 88, a bill to prohibit the teaching or discussion in any class of any information 
related to sexual practices that are not lawful in North Carolina, referred to the Rules 
and Operation of the Senate Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and placed on the Calendar for 
tomorrow, Friday, February 25, upon its passage, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and placed on the Calendar for tomorrow, Friday, February 25. 

S.B. 48, a bill to raise the classification of all felonious acts of burglary and 
felonious acts of arson by two classes, referred to the Rules and Operation of the 
Senate Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 49 (Committee Substitute), a bill to impose criminal penalties for the abuse or 
neglect of elder adults living at home, referred to the Rules and Operation of the 
Senate Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 



February 24, 1994 



1994] SENATE JOURNAL 77 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 118, a bill to expand the jurisdiction of magistrates to dispose of infractions, to 
facilitate the procedure for disposing of infractions, and to allow magistrates to dispose of 
all Level I misdemeanors according to plea agreements between the State and defendants, 
referred to the Rules and Operation of the Senate Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 119, a bill to provide concurrent jurisdiction between the District and Superior 
Courts for disposition of certain felonies, referred to the Rules and Operation of the 
Senate Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

RECONSIDERATION 

S.B. 148 (Committee Substitute), a bill creating a prima facie presumption that the 
use of deadly force against an intruder is justified under certain circumstances, ordered 
placed on the Calendar for Monday, February 28, earlier today. 

Senator Sands offers a motion that the vote by which the motion to place the 
measure on the Calendar for Monday, February 28, prevailed, be reconsidered, which 
motion prevails. 

With unanimous consent, Senator Sands withdraws his motion to place the measure 
on the Calendar for February 28 and offers a motion to re-refer the measure to the 
Appropriations Committee, which motion prevails. 

The Chair orders the Committee Substitute bill re-referred to the Appropriations 
Committee. 

REPORTS OF COMMITTEE 

Bills are reported from a select committee out of the regular order of business, read 
by their titles, together with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Perdue for the Select Committee on Juveniles/Prevention: 

S.B. 129, a bill to effect long-term crime prevention by providing certain incentives 
to families receiving Aid to Families with Dependent Children to act responsibly in 
raising their children, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 7818, which 
changes the title to read S.B. 129 (Committee Substitute), a bill to authorize a study to 
determine whether long-term crime prevention can be effected by providing certain 
incentives to families receiving Aid to Families with Dependent Children to act 
responsibly in raising their children, is placed before the Senate for immediate 
consideration. 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 



February 24, 1994 



78 SENATE JOURNAL [Extraordinary Session 

S.B. 138, a bill to establish a program to provide school and family assistance to 
students who are not achieving at their full potential due to educational neglect, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 1747, which 
changes the title to read S.B. 138 (Committee Substitute), a bill to authorize a study on 
whether to establish a program to provide school and family assistance to students who 
are not achieving at their full potential due to educational neglect, is placed before the 
Senate for immediate consideration. 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

S.B. 149, a bill to provide a tuition incentive for North Carolina students enrolled in 
in-State and out-of-State institutions of higher education and proprietary schools and 
to appropriate funds, in order to effect long-term crime prevention by aiding people to 
be properly trained and gainfully employed, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 7819, which 
changes the title to read S.B. 149 (Committee Substitute), a bill to authorize the Joint 
Legislative Education Oversight Committee to study providing a tuition incentive for 
North Carolina students enrolled in in-State and out-of-State institutions of higher 
education and proprietary schools in order to effect long-term crime prevention by 
aiding people to be properly trained and gainfully employed, is placed before the 
Senate for immediate consideration. 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 168, a bill to impose a criminal penalty upon a parent or guardian who repeatedly 
fails to adequately supervise the parent's child or the guardian's ward under eighteen years 
of age by allowing the child to engage in certain potentially harmful activities, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 1746, which 
changes the title to read S.B. 168 (Committee Substitute), a bill to study whether to 
impose a criminal penalty upon a parent or guardian who repeatedly fails to adequately 
supervise the parent's child or the guardian's ward under eighteen years of age by 
allowing the child to engage in certain potentially harmful activities, is placed before 
the Senate for immediate consideration. 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

RECALL FROM COMMITTEE 

S.B. 102, a bill to direct the Department of Correction to develop plans for a pilot 
program for the operation of a prison work camp by a county or coalition of counties, 
referred to the Rules and Operation of the Senate Committee on February 23. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the bill be recalled from 
the Rules and Operation of the Senate Committee and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Rules and Operation of the Senate 
Committee and re-referred to the Appropriations Committee. 

S.B. 113 (Committee Substitute), a bill to increase the penalties for making false 
bomb reports and for using a false bomb to create a scare, reported from the Select 
Committee on Courts, adopted, and referred to the Rules and Operation of the 
Senate Committee earlier today. 



February 24, 1994 



1994] SENATE JOURNAL 79 

Pursuant to Rule 47(b), Senator Sands offers a motion that the Committee Substitute 
bill be recalled from the Rules and Operation of the Senate Committee and 
re-referred to the Appropriations Committee, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Rules and Operation 
of the Senate Committee and re-referred to the Appropriations Committee. 

S.B. 138 (Committee Substitute), a bill to authorize a study on whether to establish 
a program to provide school and family assistance to students who are not achieving 
at their full potential due to educational neglect, reported from the Select Committee 
on Juveniles/Prevention, adopted, and referred to the Rules and Operation of the 
Senate Committee earlier today. 

Pursuant to Rule 47(b), Senator Sands offers a motion that the Committee Substitute 
bill be recalled from the Rules and Operation of the Senate Committee and 
re-referred to the Appropriations Committee, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Rules and Operation 
of the Senate Committee and re-referred to the Appropriations Committee. 

S.B. 123, a bill to provide for the forfeiture or restriction of certain citizenship 
privileges of an individual convicted of a felony, referred to the Finance Committee 
earlier today. 

Pursuant to Rule 47(b), Senator Winner of Buncombe offers a motion that the bill 
be recalled from the Finance Committee and re-referred to the Appropriations Com- 
mittee, which motions prevail. 

The Chair orders the bill taken from the Finance Committee and re-referred to the 
Appropriations Committee. 

RECONSIDERATION 

S.B. 44 (Committee Substitute), a bill permitting the use of deadly force against an 
intruder under certain circumstances, ordered placed on the Calendar for Friday, 
February 25, for receipt of a fiscal note, earlier today. 

Senator Daniel offers a motion that the vote by which the motion to place the 
Committee Substitute bill on the Calendar for tomorrow, Friday, February 25, 
prevailed, be reconsidered, which motion prevails, and the question becomes the pas- 
sage of the Committee Substitute bill upon second reading. 

The Chair announces a fiscal note attached to the jacket of the bill. 

The Committee Substitute bill remains before the Senate for further consideration 
upon second reading. 

Senator Kincaid offers Amendment No. 1 which is adopted (40-0). 

The Committee Substitute bill, as amended, passes its second (34-6) and third 
readings and is ordered engrossed and sent to the House of Representatives by special 
messenger. 

On motion of Senator Basnight, seconded by Senator Warren, the Senate adjourns at 
10:13 A.M. to meet tomorrow, Friday, February 25, at 8:30 A.M. 



TWELFTH DAY 

Senate Chamber, 
Friday, February 25, 1994. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



February 25, 1994 



80 SENATE JOURNAL [Extraordinary Session 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"O God, as we seek to do Your Will in the matters of this day, do not let Your 
Words to us, which come in response to our prayers, become a judgment upon us: 
that we hear Your Word, and do not do it; that we know Your Word, and do not love 
it; that we believe Your Word, and do not obey it. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Thursday, February 24, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Hartsell, who is attending a long-scheduled court hearing; to Senator Forrester, 
who is covering his medical practice; to Senator Conder, who is attending the Council 
of State Governments annual committee meeting which he chairs; to Senator Ballance, 
who is attending a Roundball, Inc., meeting; and to Senator Soles, Senator Ward, 
Senator Smith, Senator Sands, Senator Martin of Pitt, and Senator Folger. 

REPORTS OF COMMITTEES 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Winner of Buncombe for the Finance Committee: 

S.B. 47, a bill to authorize the issuance of two hundred million dollars general 
obligation bonds of the State, subject to a vote of the qualified voters of the State, to 
provide funds, with any other available funds, for State prison and youth services 
facilities, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consider- 
ation and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

Bills are reported from select committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Martin of Guilford for the Select Committee on Juveniles/Prevention: 

S.B. 89, a bill to require that the parent, guardian, or next-of-kin of a minor who 
is charged by a law enforcement officer shall be notified immediately of the charge by 
the law enforcement officer making the charge, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill 
1748 is placed before the Senate for immediate consideration, and on his further mo- 
tion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

Bills are reported from a standing committee out of the regular order of business, 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 46 (Committee Substitute), a bill to amend the habitual felon law by redefining 
habitual felon and providing that the court may impose an enhanced sentence on a 
defendant who is an habitual felon, as rewritten by the Select Committee on 
Corrections/Punishment, with a favorable report. 



February 25, 1994 



1994] SENATE JOURNAL 8 1 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed on the Calendar for today, Friday, February 25, in its regular order of 
business, for consideration upon its passage. 

S.B. 3 (Committee Substitute), a bill to increase the punishment under structured 
sentencing for first degree rape and first degree sexual offense, including life without 
parole for prior record Levels IV, V, and VI, as rewritten by the Select Committee on 
Corrections/Punishment, with a favorable report, as amended. 

On motion of Senator Daniel, the rules are suspended, and the Committee Substitute 
bill is placed on the Calendar for today, Friday, February 25, in its regular order of 
business, for consideration upon its passage. 

S.B. 5, a bill to provide life without parole for a third violent felony conviction, 
with a favorable report, as amended. 

On motion of Senator Daniel, the rules are suspended, and the bill is placed on the 
Calendar for today, Friday, February 25, in its regular order of business, for 
consideration upon its passage. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 6 (Committee Substitute), a bill to repeal the provisions in the Structured 
Sentencing Act that restricted the definition of habitual felon and lowered the 
punishment for an habitual felon from Class C to Class D. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

WITHDRAWAL FROM CALENDAR 

S.B. 39, a bill to require the Department of Correction to develop a plan for 
providing inmates with literacy and job training skills prior to release from prison, as 
amended, on the Calendar for Tuesday, March 1. 

Senator Jordan offers a motion that the bill, as amended, be taken from the Calendar 
for Tuesday, March 1, and placed on the Calendar for today, Friday, February 25, in its 
regular order of business, for consideration upon its passage, which motions prevail 
with unanimous consent. 

The Chair orders the bill, as amended, taken from the Calendar for Tuesday, 
March 1, and placed on the Calendar for today, Friday, February 25, in its regular 
order of business, for consideration upon its passage. 

RECALL FROM COMMITTEE 

S.B. 100, a bill to make it a felony to assault a law enforcement officer, a fireman, 
or an emergency medical service technician, referred to the Select Committee on 
Corrections/Punishment on February 15. 

Pursuant to Rule 47(b), Senator Odom offers a motion that the bill be recalled from 
the Select Committee on Corrections/Punishment and re-referred to the 
Appropriations Committee, which motions prevail. 

The Chair orders the bill taken from the Select Committee on Corrections/ 
Punishment and re-referred to the Appropriations Committee. 



February 25, 1994 



82 SENATE JOURNAL [Extraordinary Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
February 24, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
in compliance with the provisions of G.S. 126-2(c) the House of Representatives has 
confirmed the appointment of Maria F. Spaulding to the State Personnel Commission. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

Without objection, on motion of Senator Basnight, the Senate recesses at 8:54 A.M. 
to reconvene at 12:00 Noon. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Edwards and Senator Plexico. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

S.B. 3 (Committee Substitute), a bill to increase the punishment under structured 
sentencing for first degree rape and first degree sexual offense, including life without 
parole for prior record Levels IV, V, and VI, placed on the Calendar earlier today in 
its regular order of business. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second reading (33-1). 

Senator Simpson objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for Monday, February 28, for further consideration, 
upon third reading. 

S.B. 5, a bill to provide life without parole for a third violent felony conviction, 
placed on the Calendar earlier today in its regular order of business. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (31-4) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

S.B. 39, a bill to require the Department of Correction to develop a plan for 
providing inmates with literacy and job training skills prior to release from prison, as 
amended, placed on the Calendar earlier today in its regular order of business. 

The bill, as amended, passes its second (33-1) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 



February 25, 1994 



1994] SENATE JOURNAL 83 

S.B. 46 (Committee Substitute), a bill to amend the habitual felon law by redefining 
habitual felon and providing that the court may impose an enhanced sentence on a 
defendant who is an habitual felon, placed on the Calendar earlier today in its regular 
order of business. 

Without objection, on motion of Senator Daniel, the Committee Substitute bill is 
placed at the end of today's Calendar. 

S.B. 88, a bill to prohibit the teaching or discussion in any class of any information 
related to sexual practices that are not lawful in North Carolina. 

Senator Martin of Guilford offers Amendment No. 1 which is adopted (33-1). 

On motion of Senator Perdue, the bill, as amended, is recommitted to the Select 
Committee on Juveniles/Prevention (22-12). 

H.B. 57, a bill to authorize, under certain conditions, magistrates to issue domestic 
violence restraining orders and to make conforming changes to the General Statutes. 

Senator Kerr offers Amendment No. 1 which is adopted (34-0). 

The bill, as amended, passes its second (33-2) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1 by 
special messenger. 

S.B. 46 (Committee Substitute), a bill to amend the habitual felon law by redefining 
habitual felon and providing that the court may impose an enhanced sentence on a 
defendant who is an habitual felon, temporarily displaced earlier. 

On motion of Senator Daniel, the Committee Substitute bill is recommitted to the 
Appropriations Committee for a corrected report. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills 
are read by their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 167 (Committee Substitute), a bill to provide that an enhanced sentence shall be 
imposed on a person convicted of a felony if the person was armed with or used a 
firearm during the commission of the felony, as rewritten by the Select Committee on 
Corrections/Punishment, with a favorable report. 

S.B. 46 (Committee Substitute), a bill to amend the habitual felon law by redefining 
habitual felon and providing that the court may impose an enhanced sentence on a 
defendant who is an habitual felon, with an unfavorable report as to Select Committee 
on Corrections/Punishment Committee Substitute bill No. 1, but favorable as to 
Committee Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended, and the S46ES-proposed 
Committee Substitute bill RN2, which changes the title to read S.B. 46 (Committee 
Substitute No. 2), a bill to amend and recodify the habitual felon law under the 
Structured Sentencing Act, is placed before the Senate for immediate consideration. 

On motion of Senator Daniel, Committee Substitute bill No. 2 is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for Monday, February 28, for further consideration upon its passage. 

On motion of Senator Basnight, seconded by Senator Albertson, the Senate adjourns 
at 1:22 P.M. to meet Monday, February 28, at 8:00 P.M. 



February 25, 1994 



84 SENATE JOURNAL [Extraordinary Session 

THIRTEENTH DAY 

Senate Chamber, 
Monday, February 28, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Most Gracious God, facing the activities and the opportunities of another week, 
may we be eager and not reluctant. 

"Give us the grace to tolerate each other's differences as we express our own ideas 
and listen to the ideas of those who differ with us, encourage us also to seek humbly, 
Your Ideas. 

"Then, guided by Your Spirit, we shall offer the very best of ourselves in 
deliberation of the important decisions to be made. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Friday, 
February 25, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Cooper, who is taking depositions, to Senator Martin of Pitt, and to Senator 
Winner of Mecklenburg. 

CALENDAR 

S J.R. 68, a joint resolution urging the government of the State of North Carolina to 
take a leadership role in hiring qualified persons who have completed prison sentences 
or who are on parole. 

With unanimous consent, on motion of Senator Sands, the joint resolution is taken 
up out of its regular order of business. 

On motion of Senator Sands, the joint resolution is recommitted to the Rules and 
Operation of the Senate Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 53, a bill to provide that a defendant, after a finding of probable cause or 
indictment for committing indecent liberties with a child fifteen years old or younger which 
involves a sex offense, shall be tested for certain sexually transmitted infections upon the 
request of the victim and to add herpes to the list of sexually transmitted infections. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

H.B. 55 (Committee Substitute), a bill to make technical amendments and 
conforming changes to the General Statutes and Session Laws relating to structured 
sentencing, misdemeanors, and felonies, and to provide for the earlier implementation 
of structured sentencing. 

Referred to the Select Committee on Courts and upon a favorable report, 
re-referred to the Appropriations Committee. 

H.B. 74 (Committee Substitute), a bill to add to the condition that a probationer 
pursue a course of study or training by requiring the probationer to abide by the rules 
of the institution providing the education or training. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 28, 1994 



1994] SENATE JOURNAL 85 

REPORT TO GENERAL ASSEMBLY 

The following agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

The North Carolina Department of Revenue submits its Revenue Comparative 
Statement of Net Collections for the months of January 1994 and 1993. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

S.B. 46 (Committee Substitute No. 2), a bill to amend and recodify the habitual 
felon law under the Structured Sentencing Act. 

Senator Winner of Buncombe offers Amendment No. 1 which is adopted (42-0). 

On motion of Senator Winner of Buncombe, the Committee Substitute bill No. 2, as 
amended, is placed on the Calendar for tomorrow, March 1, for receipt of a fiscal note. 

S.B. 167 (Committee Substitute), a bill to provide that an enhanced sentence shall be 
imposed on a person convicted of a felony if the person was armed with or used a 
firearm during the commission of the felony. 

On motion of Senator Plyler, the Committee Substitute bill is recommitted to the 
Appropriations Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 84, an act to provide for dismissal with leave pursuant to a deferred prosecution 
agreement and the reinstitution of proceedings against a defendant that fails to comply 
with the terms of the agreement. (Ch. 2) 

H.B. 30 (Senate Committee Substitute), an act to require the Crime Victims 
Compensation Commission and its Director to deny a claim of a person who was 
participating in a felony or a nontraffic misdemeanor at or about the time the person's 
injury occurred. (Ch. 3) 

CALENDAR (Continued) 

S.B. 3 (Committee Substitute), a bill to increase the punishment under structured 
sentencing for first degree rape and first degree sexual offense, including life without 
parole for prior record Levels IV, V, and VI, as amended, upon third reading. 

Senator Marshall offers Amendment No. 2 which is adopted (44-0). 

Senator Winner of Buncombe offers Amendment No. 3, amending Amendment 
No. 1, which is adopted (43-0). 

Senator Gulley offers Amendment No. 4, which proposes to change the title to read 
S.B. 3 (Committee Substitute), a bill to increase the punishment under structured 
sentencing for first degree rape and first degree sexual offense, which fails of adoption 
(8-37). 

The Committee Substitute bill, as amended, passes its third reading (42-3) and is 
ordered engrossed and sent to the House of Representatives by special messenger. 



February 28, 1994 



86 SENATE JOURNAL [Extraordinary Session 

The President recognizes the following pages serving in the Senate this week: 
Derrick D. Connor, Greensboro; Malicia Green, Belhaven; Troy Anthony Howard, 
Greensboro; Garrett Klas, Washington; Jeremy Tyler Lingenfelser, Selma; Joshua Peter 
Lingenfelser, Selma; Natalie Rae Lingenfelser, Selma; Corrie Elizabeth Mimms, 
Raleigh; Tamika L. Mims, Fayetteville; Cameron Morris, Bath; Carmen Paige Pearce, 
Raleigh; Joseph P. Thompson, Burlington; Stella Wingfield, Apex; and Kirk Wynne, 
Washington. 

On motion of Senator Basnight, seconded by Senator Albertson, the Senate adjourns 
at 8:55 P.M. to meet tomorrow, Tuesday, March 1, at 1:30 P.M. 



FOURTEENTH DAY 

Senate Chamber, 
Tuesday, March 1, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with quotes from 
Whistling in the Dark by Frederick Buechner, as follows: 

"Eternal God, Judge of all Humanity, sometimes the issuance of justice is just as 
plain as day, Tf we break a good law, justice must be invoked for goodness' sake and 
we pay a price for what we've done.' 

"But when we break Your Eternal Law, O God, 'Justice must be invoked for the 
good of our own souls. In such a case, the painful knowledge that we deserve to pay 
a price is often payment enough.' 

"In confession and with humility, we seek justice before You today. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 28, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

S.B. 46 (Committee Substitute No. 2), a bill to amend and recodify the habitual 
felon law under the Structured Sentencing Act, as amended. 

The Chair receives and announces the fiscal note attached to the jacket of the 
Committee Substitute bill No. 2. 

Senator Winner of Buncombe offers Amendment No. 2 which is adopted (47-0). 

The Committee Substitute bill No. 2, as amended, passes its second (47-2) and third 
readings and is ordered engrossed and sent to the House of Representatives by special 
messenger. 

On motion of Senator Basnight, seconded by Senator Smith, the Senate adjourns at 
2:11 P.M. to meet tomorrow, Wednesday, March 2, at 1:30 P.M. 



March 1, 1994 



1994] SENATE JOURNAL 87 

FIFTEENTH DAY 

Senate Chamber, 
Wednesday, March 2, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Let us observe a few moments of silent prayer in memory of friend and colleague, 
Senator John Codington, whose sudden and untimely death leaves us in shock and 
sadness. 

Silence 

"O Lord of life and death, we acknowledge the reality of death. Although it 
separates friends and loved ones, make us aware that it is only for a season. 

"Although death brings grief, we look to Your Spirit to bring comfort and peace to 
Elizabeth Codington, the family, and to all of us who mourn. 

"Although death brings disappointment, give us faith to look to the future with 
hope, confidence, and courage, as did John Codington. Comfort and encourage Thy 
people, O Lord, Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 1, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

Senator Basnight rises to eulogize Senator John B. Codington, representing the 4th 
Senatorial District, who died yesterday, March 1, while attending to legislative respon- 
sibilities. 

With unanimous consent, on motion of Senator Plexico, the remarks by Senator 
Basnight in memory of Senator John B. Codington, are spread upon the Journal, as 
follows: 

"Thank you, Mr. President, Members of this Body. I speak to you today to pay 
tribute to John. And I do that, as we know, he being a friend of ours, and we all 
realize that the Senate has, indeed, suffered a terrible loss, as has the family, and this 
State. 

"John came to the Senate last year, and he was — by all of us; we were impressed 
with his knowledge, his dedication, his integrity, and his willingness to do those things 
that were in the best interest of the people of this great State of ours. He was 
conscientious about representing the views of the people of the 4th Senatorial District, 
and he made certain to be true to his own convictions. He was a person that we all 
greatly respected. We enjoyed working with Senator Codington, and I am truly sorry 
that his time in the Senate was so brief, as I know we all feel likewise. 

"He wasn't here, as we all realize, for himself or for any personal ambition. He had 
already succeeded in life in many different areas, professionally and personally. He 
was here to make North Carolina a better place for all her citizens. John Codington 
brought honor, he brought dignity to all of us, and especially to our place in this 
Senate. He will sorely be missed by all North Carolinians, in the work that he did on 
behalf of those people." 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 57, an act to authorize, under certain conditions, magistrates to issue domestic 
violence restraining orders and to make conforming changes to the General Statutes. 
(Ch.4) 



March 2, 1994 



88 SENATE JOURNAL [Extraordinary Session 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the 
report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Winner of Buncombe for the Finance Committee: 

S.B. 132 (Committee Substitute), a bill to restore the law to its state prior to 1971, 
so that a person does not have citizenship restored by completion of sentence, proba- 
tion, or parole, but instead must wait two years after discharge and prove to the 
Superior Court good character, with an unfavorable report as to the Select Committee 
on Courts Substitute bill, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Winner of Buncombe, the rules are suspended, and the 
proposed Committee Substitute bill No. 2, 1750, which changes the title to read 
S.B. 132 (Committee Substitute No. 2), a bill to provide that a person convicted of a 
felony does not have citizenship automatically restored upon pardon or upon comple- 
tion of sentence, probation, or parole, but instead must wait one or two years and 
prove good character to a court, is placed before the Senate for immediate 
consideration. 

On motion of Senator Winner of Buncombe, the Committee Substitute bill No. 2 is 
adopted. 

On motion of Senator Winner of Buncombe, the Committee Substitute bill No. 2 is 
placed on the Calendar for today, Wednesday, March 2, in its regular order of business, 
upon its passage. 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

The bill on the Calendar is taken up and disposed of, as follows: 

S.B. 132 (Committee Substitute No. 2), a bill to provide that a person convicted of 
a felony does not have citizenship automatically restored upon pardon or upon comple- 
tion of sentence, probation, or parole, but instead must wait one or two years and 
prove good character to a court, reported from the Finance Committee, adopted, and 
placed earlier today on the Calendar for today in its regular order of business upon its 
passage. 

Senator Sands offers a motion that the Committee Substitute bill No. 2 be re-referred 
to the Appropriations Committee, which motion he subsequently withdraws. 

After further debate, Senator Odom offers a motion the Committee Substitute bill 
No. 2 be re-referred to the Select Committee on Corrections/Punishment, which 
motion prevails (27-20). 

The Chair orders the measure re-referred to the Select Committee on Corrections/ 
Punishment. 

REPORTS OF COMMITTEES 

A standing committee report is submitted out of the regular order of business, bills 
are read by their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 89 (Committee Substitute), a bill to require that the parent, guardian, or next- 
of-kin of a minor who is charged by a law enforcement officer shall be notified 
immediately of the charge by the law enforcement officer making the charge, with a 
favorable report. 

S.B. 124, a bill to provide for the use of laser speed enforcement in North Carolina, 
with a favorable report. 



March 2, 1994 



1994] SENATE JOURNAL 89 

S.B. 8 (Committee Substitute), a bill to prohibit the possession of firearms and 
weapons of mass death and destruction by felons, with an unfavorable report as to the 
Select Committee on Corrections/Punishment Substitute bill, but favorable as to 
Committee Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended, and the proposed Committee 
Substitute bill No. 2, 4720 is placed before the Senate for immediate consideration, and 
on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for tomorrow, Thursday, March 3, for further consideration upon its passage. 

S.B. 123 (Committee Substitute), a bill to provide for the forfeiture or restriction of 
certain citizenship privileges of an individual convicted of a crime, with an unfavorable 
report as to the Select Committee on Courts Substitute bill, but favorable as to 
Committee Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended, and the proposed Committee 
Substitute bill No. 2, 9795, which changes the title to read S.B. 123 (Committee 
Substitute No. 2), a bill to provide for the forfeiture or restriction of certain citizenship 
privileges of an individual convicted of a felony, is placed before the Senate for 
immediate consideration. 

On motion of Senator Daniel, the Committee Substitute bill No. 2 is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for tomorrow, Thursday, March 3, for further consideration upon its passage. 

S.B. 150, a bill to appropriate funds, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the proposed Committee 
Substitute bill 5767, which changes the title to read S.B. 150 (Committee Substitute), 
a bill to establish crime prevention and enhanced punishment initiatives, to amend the 
law to enhance crime control, and to appropriate funds for current operations and 
capital improvements to carry out the purposes of this act, is placed before the Senate 
for immediate consideration. (See Appendix for Table of Contents) 

On motion of Senator Daniel, the Committee Substitute bill is adopted. 

On motion of Senator Daniel, the Committee Substitute bill is placed on the Calen- 
dar for today, Wednesday, March 2, in its regular order of business upon its passage. 

S.B. 167 (Committee Substitute), a bill to provide that an enhanced sentence shall be 
imposed on a person convicted of a felony if the person was armed with or used a 
firearm during the commission of the felony, with an unfavorable report as to the 
Select Committee on Corrections/Punishment Substitute bill, but favorable as to 
Committee Substitute bill No. 2. 

On motion of Senator Daniel, the rules are suspended, and the proposed Committee 
Substitute bill No. 2, 2765 is placed before the Senate for immediate consideration, and 
on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for tomorrow, Thursday, March 3, for further consideration upon its passage. 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Perdue for the Select Committee on Juveniles/Prevention: 

H.B. 27 (Committee Substitute), a bill to provide that a court may order that 
juvenile records of juveniles adjudicated or convicted of Class A - E felonies may be 
used at a subsequent criminal trial either in the guilt phase or to prove an aggravating 
factor at sentencing, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 



March 2, 1994 



90 SENATE JOURNAL [Extraordinary Session 

S.B. 28, a bill to transfer jurisdiction of certain juveniles to Superior Court, provide 
for a probable cause hearing, and retain records, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 9796 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H.B. 29 (Committee Substitute), a bill to provide for commitment of juveniles adju- 
dicated delinquent for certain felony offenses to age eighteen, with an unfavorable 
report as to Committee Substitute bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Perdue, the proposed Senate Committee Substitute bill 7386 
is placed before the Senate for immediate consideration, and on her further motion is 
adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

The Chair declares the Senate in recess at 2:38 P.M. to reconvene at 3:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

CALENDAR (Continued) 

S.B. 150 (Committee Substitute), a bill to establish crime prevention and enhanced 
punishment initiatives, to amend the law to enhance crime control, and to appropriate 
funds for current operations and capital improvements to carry out the purposes of this 
act, earlier today reported from Committee, adopted, and placed on the Calendar for 
further consideration upon its passage. 

Senator Plyler offers Amendment No. 1 which is adopted (45-0). 

Senator Kincaid offers Amendment No. 2 which fails of adoption (10-37). 

Senator Richardson offers Amendment No. 3 which is adopted (46-0). 

Senator Blackmon offers Amendment No. 4 which fails of adoption (10-35). 

The Committee Substitute bill, as amended, passes its second (47-0) and third read- 
ings and is ordered engrossed and sent to the House of Representatives by special 
messenger. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills 
are read by their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 1 (Committee Substitute), a bill to make technical amendments and conforming 
changes to the General Statutes and Session Laws relating to structured sentencing, 
misdemeanors, and felonies, with a favorable report. 

S.B. 28 (Committee Substitute), a bill to transfer jurisdiction of certain juveniles to 
Superior Court, provide for a probable cause hearing, and retain records, Committee 
Substitute bill reported earlier today from the Select Committee on Juveniles/Preven- 
tion, adopted, and re-referred to Appropriations Committee, with a favorable report. 



March 2, 1994 



1994] SENATE JOURNAL 91 

H.B. 27 (Committee Substitute), a bill to provide that a court may order that 
juvenile records of juveniles adjudicated or convicted of Class A - E felonies may be 
used at a subsequent criminal trial either in the guilt phase or to prove an aggravating 
factor at sentencing, with a favorable report. 

H.B. 29 (Senate Committee Substitute), a bill to provide for commitment of 
juveniles adjudicated delinquent for certain felony offenses to age eighteen, Senate 
Committee Substitute bill reported earlier today from the Select Committee on 
Juveniles/Prevention, adopted, and re-referred to Appropriations Committee, with a 
favorable report. 

On motion of Senator Basnight, seconded by the Republican Delegation, the Senate 
adjourns at 5:06 P.M. in memory of John B. Codington, the late Senator from New 
Hanover County, to meet tomorrow, Thursday, March 3, at 11:00 A.M. 



SIXTEENTH DAY 

Senate Chamber, 
Thursday, March 3, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote from 
Luke 4:18-19, as follows: 

"Too often, Dear God, we are reactionary rather than participatory in our relationship 
with You! 

"Teach us that it will not be presumptuous but empowering to say in the first 
person, 

The Spirit of the Lord is upon us, because God has chosen us to bring 
good news to the poor. God has sent us to proclaim liberty to the 
captives, for the recovery of sight to the blind and to set free the 
oppressed... 

"If we just believe that message, O God, we shall surely accomplish the tasks before 
us today! Amen." 

Senator Sands, for the Rules and Operation of the Senate Committee, announces 
the Journal of yesterday, Wednesday, March 2, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Sena- 
tor Sherron, who is attending a previously scheduled meeting. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 34 (Senate Committee Substitute), an act to allow evidence of a lack of seat 
belt use to be admitted in a criminal or civil proceeding to establish a justification for 
the stop of a vehicle, the same as in all other motor vehicle law violations. (Ch. 5) 



March 3, 1994 



92 SENATE JOURNAL [Extraordinary Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 8 (Committee Substitute No. 2), a bill to prohibit the possession of firearms 
and weapons of mass death and destruction by felons. 

With unanimous consent, on motion of Senator Sands, the Committee Substitute bill 
No. 2 is referred to the Select Committee on Corrections/Punishment and upon a 
favorable report, re-referred to the Appropriations Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

S.B. 8 (Committee Substitute No. 2), a bill to prohibit the possession of firearms and 
weapons of mass death and destruction by felons. 

With unanimous consent, on motion of Senator Odom, the Committee Substitute bill 
No. 2 is taken up out of its regular order of business. 

On motion of Senator Odom, consideration of the Committee Substitute bill No. 2 
is postponed until Monday, March 7. 

S.B. 1 (Committee Substitute), a bill to make technical amendments and conforming 
changes to the General Statutes and Session Laws relating to structured sentencing, 
misdemeanors, and felonies. 

On motion of Senator Parnell, the Committee Substitute bill is recommitted to the 
Select Committee on Courts. 

S.B. 28 (Committee Substitute), a bill to transfer jurisdiction of certain juveniles to 
Superior Court, provide for a probable cause hearing, and retain records. 

The Committee Substitute bill passes its second (35-11) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

S.B. 89 (Committee Substitute), a bill to require that the parent, guardian, or next- 
of-kin of a minor who is charged by a law enforcement officer shall be notified 
immediately of the charge by the law enforcement officer making the charge. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

S.B. 123 (Committee Substitute No. 2), a bill to provide for the forfeiture or 
restriction of certain citizenship privileges of an individual convicted of a felony. 

Senator Plyler, Chairman of the Appropriations Committee, requests a fiscal note 
on the Committee Substitute bill No. 2. 

The Chair orders the measure temporarily displaced. 

S.B. 124, a bill to provide for the use of laser speed enforcement in North Carolina. 
Senator Cooper offers Amendment No. 1 which is adopted (43-0). 
The bill, as amended, passes its second (44-1) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

S.B. 167 (Committee Substitute No. 2), a bill to provide that an enhanced sentence 
shall be imposed on a person convicted of a felony if the person was armed with or 
used a firearm during the commission of the felony. 



March 3, 1994 



1994] SENATE JOURNAL 93 

Senator Winner of Mecklenburg offers Amendment No. 1 which is adopted (41^4-). 

The Committee Substitute bill No. 2, as amended, passes its second (45-0) and third 
readings and is ordered engrossed and sent to the House of Representatives by special 
messenger. 

H.B. 27 (Committee Substitute), a bill to provide that a court may order that 
juvenile records of juveniles adjudicated or convicted of Class A - E felonies may be 
used at a subsequent criminal trial either in the guilt phase or to prove an aggravating 
factor at sentencing. 

Senator Johnson offers Amendment No. 1 which is adopted (45-0). 

Senator Sands offers Amendment No. 2, proposing to change the title, upon 
concurrence, to read H.B. 27 (Committee Substitute), a bill to provide that a court may 
order that juvenile records of juveniles adjudicated or convicted of Class A - E felo- 
nies may be used at a subsequent criminal trial either in the guilt phase or to prove an 
aggravating factor at sentencing and to allow nontestimonial identification and 
publication of photographs of juveniles who have committed offenses that would be 
certain felonies if committed by adults, which he subsequently withdraws. 

The Committee Substitute bill, as amended, passes its second (43-3) and third 
readings and is ordered sent to the House of Representatives, for concurrence in Senate 
Amendment No. 1 by special messenger. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill 
is read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 4 (Committee Substitute), a bill to revise the effective date of structured 
sentencing for certain violent offenses, as rewritten by the Select Committee on 
Corrections/Punishment, with a favorable report, as amended. 

On motion of Senator Plyler, the Committee Substitute bill is placed on the Calendar 
for Tuesday, March 8, for consideration upon its passage. 

CALENDAR (Continued) 

S.B. 123 (Committee Substitute No. 2), a bill to provide for the forfeiture or 
restriction of certain citizenship privileges of an individual convicted of a felony, 
temporarily displaced earlier. 

On motion of Senator Sands, consideration of the Committee Substitute bill No. 2 
is postponed until Tuesday, March 8, for receipt of the fiscal note requested earlier 
today. 

REPORTS OF COMMITTEE 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

H.B. 53, a bill to provide that a defendant, after a finding of probable cause or 
indictment for committing indecent liberties with a child fifteen years old or younger 
which involves a sex offense, shall be tested for certain sexually transmitted infections 
upon the request of the victim and to add herpes to the list of sexually transmitted 
infections, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



March 3, 1994 



94 SENATE JOURNAL [Extraordinary Session 

H.B. 74 (Committee Substitute), a bill to add to the condition that a probationer 
pursue a course of study or training by requiring the probationer to abide by the rules 
of the institution providing the education or training, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

CALENDAR (Continued) 

H.B. 29 (Senate Committee Substitute), a bill to provide for commitment of 
juveniles adjudicated delinquent for certain felony offenses to age eighteen. 

Senator Gulley offers Amendment No. 1 which is adopted (44-0). 

The Senate Committee Substitute bill, as amended, passes its second reading (43-1). 

Senator Sands objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for Tuesday, March 8, for further consideration, upon 
third reading. 

The Chair declares the Senate in recess at 12:25 P.M. to reconvene at 12:35 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it and takes its place on the 
Calendar, as follows: 

By Senator Odom for the Select Committee on Corrections/Punishment: 

H.B. 8 (Committee Substitute No. 2), a bill to prohibit the possession of firearms 
and weapons of mass death and destruction by felons, with an unfavorable report as to 
Committee Substitute bill No. 2, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Odom, the proposed Senate Committee Substitute bill 2315 is 
placed before the Senate for immediate consideration, and on his further motion is 
adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

RECALL FROM COMMITTEE 

H.B. 8 (Senate Committee Substitute), a bill to prohibit the possession of firearms 
and weapons of mass death and destruction by felons, reported from the Select 
Committee on Corrections/Punishment, adopted, and re-referred to the 
Appropriations Committee earlier today. 

Pursuant to Rule 47(b), Senator Daniel offers a motion that the Senate Committee 
Substitute bill be recalled from the Appropriations Committee and placed before the 
Senate for immediate consideration, upon its passage, which motion prevails. 

The Chair orders the Senate Committee Substitute bill taken from the 
Appropriations Committee and placed before the Senate for immediate consideration 
upon its passage. 

The Senate Committee Substitute bill passes its second reading (35-0). 

Senator Winner of Buncombe objects to the third reading of the measure. The Chair 
orders the measure placed on the Calendar for Tuesday, March 8, for further 
consideration, upon third reading. 



March 3, 1994 



1994] SENATE JOURNAL 95 

On motion of Senator Basnight, seconded by Senator Parnell, the Senate adjourns at 
1:10 P.M. to meet Monday, March 7, at 8:00 P.M. 



SEVENTEENTH DAY 

Senate Chamber, 
Monday, March 7, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote from 
Micah 6:8, as follows: 

"O Lord, our worth is revealed in our attitude toward the small tasks for which we 
have been given responsibility. 

"So let the test of our spiritual life and character, this week, be measured not by 
what we do in the exceptional moments but by what we do in the ordinary ones. 

"Then we may say at week's end, 'we have done justice, loved mercy, and walked 
humbly with You, OGod.' Amen." 

Senator Conder, for the Rules and Operation of the Senate Committee, announces 
the Journal of Thursday, March 3, has been examined and is found to be correct. On 
his motion, the Senate dispenses with the reading of the Journal and it stands approved 
as written. 

With unanimous consent, the President grants a leave of absence for tonight to 
Senator Daniel, who is attending the service for Representative Gist. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

S.B. 150 (Committee Substitute), a bill to establish crime prevention and enhanced 
punishment initiatives, to amend the law to enhance crime control, and to appropriate 
funds for current operations and capital improvements to carry out the purposes of this 
act, for concurrence in the House Committee Substitute bill, which changes the title, 
upon concurrence, to read S.B. 150 (House Committee Substitute), a bill to adjust the 
appropriations made for the 1993-94 fiscal year and the 1994-95 fiscal year to create 
the Budget Modification Act of 1994. 

Recommitted to Appropriations Committee. 

H.B. 171 (Committee Substitute), a bill to require notification of parole hearings and 
the decision reached at those hearings to newspapers in the county where the prisoner 
being considered for parole was convicted. 

Referred to the Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

With a bill remaining on the Calendar, on motion of Senator Basnight, seconded by 
Senator Johnson, the Senate adjourns at 8:17 P.M. in memory of Representative 
Herman Gist, to meet tomorrow, Tuesday, March 8, at 11:00 A.M. 



March 7, 1994 



96 SENATE JOURNAL [Extraordinary Session 

EIGHTEENTH DAY 

Senate Chamber, 
Tuesday, March 8, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, quoting a prayer 
offered by the Reverend Peter Marshall, as follows: 

"Our Gracious God, in the very important decisions to be made this week, 

Deliver us from futile hopes or from clinging to lost causes, that we 
may move ahead to ever-growing calm and ever widening horizons. 

Where we cannot convince, let us be willing to persuade, for small 
deeds done are better than great deeds planned. 

We know that we cannot do everything. But help us to do something. 

For Your Sake, O Lord, we pray. 

"Amen." 

Senator Conder, for the Rules and Operation of the Senate Committee, announces 
the Journal of yesterday, Monday, March 7, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Sena- 
tor Martin of Guilford and Senator Lucas, who are attending the funeral of the late 
Representative Herman Gist; to Senator Cochrane, who is sick with the flu; and to 
Senator Walker. 

Senator Folger and Senator Sands submit the required notification to relinquish 
salary and per diem for Monday, March 7, due to absence without excuse. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 145 (Committee Substitute), a bill to require that the parent, guardian, or next 
of kin of a minor who is charged or taken into custody by a law enforcement officer 
shall be notified without unnecessary delay and to amend the law regarding the con- 
cealment of merchandise in mercantile establishments. 

Referred to the Select Committee on Courts and upon a favorable report, 
re-referred to the Appropriations Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 176 (Committee Substitute), an act to allow a district court judgeship to be 
activated in District Court District 10, because approval under Section 5 of the Voting 



March 8, 1994 



1994] SENATE JOURNAL 97 

Rights Act is not required in that District, and in District 30 where approval has been 
obtained, and to deal with the case of further partial preclearance. (Ch. 6) 

H.B. 27 (Committee Substitute), an act to provide that a court may order that juve- 
nile records of juveniles adjudicated or convicted of Class A - E felonies may be used 
at a subsequent criminal trial either in the guilt phase or to prove an aggravating factor 
at sentencing. (Ch. 7) 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

A bill on the Calendar carried forward as unfinished business from yesterday, 
Monday, March 7, is taken up and disposed of, as follows: 

S.B. 8 (Committee Substitute No. 2), a bill to prohibit the possession of firearms and 
weapons of mass death and destruction by felons. 

On motion of Senator Odom, the Committee Substitute bill No. 2 is recommitted to 
the Select Committee on Corrections/Punishment. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill 
is read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made for 
the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification 
Act of 1994, with an unfavorable report as to concurrence. 

On motion of Senator Daniel, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration upon concur- 
rence. 

The Senate fails to concur in the House Committee Substitute bill (0-39). 

Senator Daniel offers a motion that the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senators Daniel (Chairman), Ballance, Coch- 
rane, Cooper, Martin of Guilford, Odom, Perdue, Plyler, Shaw, and Soles as conferees 
on the part of the Senate to resolve the differences arising between the two Bodies, and 
a message is ordered sent to the House of Representatives informing that Honorable 
Body of such action and requesting conferees. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

With unanimous consent on motion of Senator Sands, the remarks by Senator 
Basnight in memory of the late Representative Herman C. Gist of Guilford County are 
spread upon the Journal, as follows: 

"Thank you, Mr. President. We've all, as we well know, lost a very good 
friend, a person that we cared a great deal about. Of my nine years of being 
here, I believe Representative Gist represented the very strength of what a person 
should be when he worked for his district. He had the uncanny ability to 
offer arguments for his position that few of us carried. He was willing to 
challenge the most powerful of the membership through the years that I represented 
my Senatorial District, in his arguments for his people, and his people were 
the small people. His people were the depressed people of this State that he 
more directly represented, and he fought for those people's rights. He fought 



March 8, 1994 



98 SENATE JOURNAL [Extraordinary Session 

for opportunity that was equal to what others were receiving and had as a person in 
this State. He was one of those who believed that the least fortunate among us should 
have opportunity. I believe his honesty and commitment to this State is a tribute that 
we all should follow the lead that he carried. He was an unusual person in that he 
didn't mind stopping you when you were in a lurch yourself or you had some place 
to be, for it's important that you start a committee meeting at a certain time. Herman 
didn't recognize those pressures that you yourself may carry. He recognized that he 
had a problem at that time and he was going to confront that problem with you, and 
we were going to resolve it right there, man-to-man, toe-to-toe. He was a person that 
I directly, greatly respected and a person that I will miss, as all of us will in this State. 
Herman Gist was one of those North Carolinians that you hate to lose, but I was 
happy to know him while he was here. So, for all of us today, we can say a thank 
you for Herman's family allowing him to serve this great State for the period of time 
that he did." 

CALENDAR (Continued) 
A bill on today's Calendar is taken up and disposed of, as follows: 

S.B. 123 (Committee Substitute No. 2), a bill to provide for the forfeiture or 
restriction of certain citizenship privileges of an individual convicted of a felony. 

On motion of Senator Cooper, the Committee Substitute bill No. 2 is recommitted 
to the Select Committee on Courts. 

With a bill remaining on the Calendar, on motion of Senator Basnight, seconded by 
the Guilford Delegation, the Senate adjourns at 11:24 P.M. to meet tomorrow, 
Wednesday, March 9, at 1:30 P.M. 



NINETEENTH DAY 



Senate Chamber, 
Wednesday, March 9, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Gracious God, often times our most difficult struggles, our most hard fought 
battles, our most articulate debates in this life are not with adversaries, but with You. 

"Instead, O Lord, grant that we may be one with You in choosing right and in 
rejecting wrong, that we may be unable to choose or reject except as You would do. 
Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 8, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Winner of Mecklenburg, due to medical reasons; to Senator Sands, to Senator 
Cochrane, and to Senator Ballance. 

The President recognizes the following pages serving in the Senate this week: 
Presha Lea Allen, Apex; Scott Carpenter, Washington; Daniel L. Dickerson, Graham; 
Mandy Edmonds, Mebane; Phillip Ballard Kennedy, Burlington; Joey Lane, Graham; 
Jason Massey, Burlington; Danny Ouzts, Burlington; Caroline Roberson, Burlington; 
Jennifer Sinclair, Burlington; and Ray Sullivan, Washington. 



March 9, 1994 



1994] SENATE JOURNAL 99 

REPORT OF COMMITTEE 

A bill is reported from a select committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Soles for the Select Committee on Courts: 

H.B. 55 (Committee Substitute), a bill to make technical amendments and 
conforming changes to the General Statutes and Session Laws relating to structured 
sentencing, misdemeanors, and felonies, and to provide for the earlier implementation 
of structured sentencing, with an unfavorable report as to Committee Substitute bill, but 
favorable to Senate Committee Substitute bill. 

On motion of Senator Soles, the proposed Senate Committee Substitute bill 7389, 
which changes the title, upon concurrence, to read H.B. 55 (Senate Committee 
Substitute), a bill to make technical amendments and conforming changes to the 
General Statutes and Session Laws relating to structured sentencing, misdemeanors, and 
felonies, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

RECALL FROM COMMITTEE 

H.B. 11 (Senate Committee Substitute), a bill to prohibit a person who was acquitted 
of certain criminal offenses by reason of insanity or a person determined to be incapa- 
ble to proceed from possessing a firearm or a weapon of death and mass destruction, 
as written by the Select Committee on Corrections/Punishment and referred to the 
Rules and Operation of the Senate Committee on February 17. 

Pursuant to Rule 47(b), Senator Conder, Co-Chairman of the Rules and Operation 
of the Senate Committee, offers a motion that the rules be suspended and the Senate 
Committee Substitute bill be recalled from the Rules and Operation of the Senate 
Committee and placed on the Calendar for tomorrow, Thursday, March 10, upon its 
passage, which motions prevail with unanimous consent. 

The Chair orders the Senate Committee Substitute bill taken from the Rules and 
Operation of the Senate Committee and placed on the Calendar for tomorrow, Thurs- 
day, March 10, upon its passage. 

S.B. 151, a bill to appropriate funds, referred to the Appropriations Committee on 
February 15. 

Pursuant to Rule 47(b), Senator Daniel offers a motion that the bill be recalled from 
the Appropriations Committee and re-referred to the Finance Committee, which 
motions prevail. 

The Chair orders the bill taken from the Appropriations Committee and re-referred 
to the Finance Committee. 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by, special messenger. 

Bills on the Calendar carried forward as unfinished business from yesterday, 
Tuesday, March 8, are taken up and disposed of, as follows: 

S.B. 4 (Committee Substitute), a bill to revise the effective date of structured 
sentencing for certain violent offenses. 

On motion of Senator Odom, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (43-0) and third 
readings and is ordered engrossed and sent to the House of Representatives by special 
messenger. 



March 9, 1994 



100 SENATE JOURNAL [Extraordinary Session 

H.B. 8 (Senate Committee Substitute), a bill to prohibit the possession of firearms 
and weapons of mass death and destruction by felons, upon third reading. 

Without objection, on motion of Senator Odom, the Senate Committee Substitute is 
temporarily displaced. 

H.B. 29 (Senate Committee Substitute), a bill to provide for commitment of 
juveniles adjudicated delinquent for certain felony offenses to age eighteen, as 
amended, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading and is 
ordered engrossed and sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill by special messenger. 

H.B. 8 (Senate Committee Substitute), a bill to prohibit the possession of firearms 
and weapons of mass death and destruction by felons, temporarily displaced earlier, 
upon third reading. 

Senator Odom offers Amendment No. 1 which is adopted (43-0). 

Senator Hyde offers Amendment No. 2 which is adopted (44-0). 

Senator Hyde offers Amendment No. 3 which is adopted (44-0). 

The Senate Committee Substitute bill, as amended, passes its third reading (43-0) 
and is ordered engrossed and sent to the House of Representatives for concurrence in 
the Senate Committee Substitute bill by special messenger. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills 
are read by their titles, together with the reports accompanying them, and take their 
place on the Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

Senator Daniel offers a motion that the bills reported be placed on today's Calendar 
for immediate consideration, which motion prevails. The Chair orders the measures 
placed on today's Calendar for consideration in the order reported, as follows: 

S.B. 50, a bill to provide that a defendant who agrees to a suspended sentence, 
probation, or an alternative sentence or punishment and who willfully violates a 
condition of that judgment may be held in criminal contempt for the violation, with a 
favorable report. 

H.B. 32 (Senate Committee Substitute), a bill to require the Clerk of Superior Court 
to include the names of any victims in the information attached to a prisoner's 
commitment, as rewritten by the Select Committee on Courts, with a favorable report. 

H.B. 53, a bill to provide that a defendant, after a finding of probable cause or 
indictment for committing indecent liberties with a child fifteen years old or younger 
which involves a sex offense, shall be tested for certain sexually transmitted infections 
upon the request of the victim and to add herpes to the list of sexually transmitted 
infections, with a favorable report. 

H.B. 74 (Committee Substitute), a bill to add to the condition that a probationer 
pursue a course of study or training by requiring the probationer to abide by the rules 
of the institution providing the education or training, with a favorable report. 

S.B. 75, a bill to allow nontestimonial identification and publication of photographs 
of juveniles who have committed offenses that would be certain felonies if committed 
by adults, with a favorable report, as amended. 



March 9, 1994 



1994] SENATE JOURNAL 101 

H.B. 10 (Senate Committee Substitute), a bill to amend the laws regarding the 
confiscation, forfeiture, and disposition of firearms, as rewritten by the Select 
Committee on Corrections/Punishment, with a favorable report, as amended. 

S.B. 170 (Committee Substitute), a bill to require the registration of persons con- 
victed of certain criminal sexual offenses, with an unfavorable report as to Select 
Committee on Courts Substitute bill, but favorable as to proposed (7820) Committee 
Substitute bill, No. 2. 

H.B. 7, a bill to repeal the provision in the Structured Sentencing Act that would 
have provided that possession of less than one gram of cocaine was not a felony, with 
an unfavorable report as to bill but favorable as to proposed Senate Committee 
Substitute bill 1262, which proposes to change the title, upon concurrence, to read 
H.B. 7 (Proposed Senate Committee Substitute), a bill to repeal the provision in the 
Structured Sentencing Act that would have provided that possession of less than one 
gram of cocaine was not a felony and to provide for deferred proceedings and expunc- 
tion of records for first-time simple possession of less than one gram of cocaine. 

CALENDAR (Continued) 

S.B. 50, a bill to provide that a defendant who agrees to a suspended sentence, 
probation, or an alternative sentence or punishment and who willfully violates a condi- 
tion of that judgment may be held in criminal contempt for the violation, placed on the 
Calendar earlier today for consideration upon its passage. 

The bill passes its second (42-0) and third readings and is ordered sent to the House 
of Representatives by special messenger. 

RECONSIDERATION 

H.B. 11 (Senate Committee Substitute), a bill to prohibit a person who was acquitted 
of certain criminal offenses by reason of insanity or a person determined to be incapa- 
ble to proceed from possessing a firearm or a weapon of death and mass destruction, 
earlier today ordered placed on the Calendar for tomorrow, Thursday, March 10. 

Senator Conder offers a motion that the vote by which the motion to place the 
measure on the Calendar for tomorrow, Thursday, March 10, prevailed, be reconsid- 
ered, which motion prevails, and the question becomes the motion to place the measure 
on the Calendar for tomorrow. 

With unanimous consent, Senator Conder withdraws his motion to place the measure 
on the Calendar for tomorrow, Thursday, March 10, and offers a motion to place the 
measure at the end of today's Calendar for consideration upon its passage, which 
motion prevails. 

The Chair orders the Senate Committee Substitute bill placed at the end of today's 
Calendar for consideration upon its passage. 

CALENDAR (Continued) 

H.B. 32 (Senate Committee Substitute), a bill to require the Clerk of Superior Court 
to include the names of any victims in the information attached to a prisoner's 
commitment, placed on the Calendar earlier today for consideration upon its passage. 

The Senate Committee Substitute bill passes its second (43-0) and third readings and 
is ordered sent to the House of Representatives for concurrence in the Senate 
Committee Substitute bill by special messenger. 

H.B. 53, a bill to provide that a defendant, after a finding of probable cause or 
indictment for committing indecent liberties with a child fifteen years old or younger 



March 9, 1994 



102 SENATE JOURNAL [Extraordinary Session 

which involves a sex offense, shall be tested for certain sexually transmitted infections 
upon the request of the victim and to add herpes to the list of sexually transmitted 
infections, placed on the Calendar earlier today for consideration upon its passage. 
The bill passes its second (42-0) and third readings and is ordered enrolled. 

H.B. 74 (Committee Substitute), a bill to add to the condition that a probationer 
pursue a course of study or training by requiring the probationer to abide by the rules 
of the institution providing the education or training, placed on the Calendar earlier 
today for consideration upon its passage. 

The Committee Substitute bill passes its second (42-0) and third readings and is 
ordered enrolled. 

S.B. 75, a bill to allow nontestimonial identification and publication of photographs 
of juveniles who have committed offenses that would be certain felonies if committed 
by adults, placed on the Calendar earlier today for consideration upon its passage. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44—0) and third readings and is ordered 
engrossed and sent to the House of Representatives by special messenger. 

H.B. 10 (Senate Committee Substitute), a bill to amend the laws regarding the 
confiscation, forfeiture, and disposition of firearms, placed on the Calendar earlier today 
for consideration upon its passage. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The Senate Committee Substitute bill, as amended, passes its second reading 
(23-19). 

Senator Simpson objects to the third reading of the measure. The Chair orders the 
Senate Committee Substitute bill, as amended, placed on the Calendar for tomorrow, 
Thursday, March 10, for further consideration, upon third reading. 

S.B. 170 (Proposed Committee Substitute 7820), a bill to require the registration of 
persons convicted of certain criminal sexual offenses, placed on the Calendar earlier 
today for consideration upon its passage. 

On motion of Senator Daniel, proposed Committee Substitute bill 7820 is adopted. 

The Committee Substitute bill No. 2 passes its second (42-0) and third readings and 
is ordered sent to the House of Representatives by special messenger. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Odom for the Select Committee on Corrections/Punishment: 

H.B. 171 (Committee Substitute), a bill to require notification of parole hearings and 
the decision reached at those hearings to newspapers in the county where the prisoner 
being considered for parole was convicted, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Odom, the proposed Senate Committee Substitute bill 9331, 
which changes the title, upon concurrence, to read H.B. 171 (Senate Committee 
Substitute), a bill to require notification of parole hearings and the decision reached at 
those hearings to newspapers and other media in the county where the prisoner being 
considered for parole was convicted and, if different, in the county where the prisoner 
was charged, is placed before the Senate for immediate consideration. 

On motion of Senator Odom, the Senate Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 



March 9, 1994 



1994] SENATE JOURNAL 103 

CALENDAR (Continued) 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Jordan. 

H.B. 7 (Proposed Senate Committee Substitute 1262), a bill to repeal the provision 
in the Structured Sentencing Act that would have provided that possession of less than 
one gram of cocaine was not a felony and to provide for deferred proceedings and 
expunction of records for first-time simple possession of less than one gram of 
cocaine, placed on the Calendar earlier today for consideration upon its passage. 

On motion of Senator Daniel, the proposed Senate Committee Substitute bill 1262 
is adopted, which changes the title, upon concurrence. 

The Senate Committee Substitute bill passes its second (40-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Commit- 
tee Substitute bill by special messenger. 

H.B. 11 (Senate Committee Substitute), a bill to prohibit a person who was acquitted 
of certain criminal offenses by reason of insanity or a person determined to be incapa- 
ble to proceed from possessing a firearm or a weapon of death and mass destruction, 
ordered earlier today placed on today's Calendar. 

Senator Odom offers Amendment No. 1 which is adopted (38-0). 

The Chair orders, without objection, the Senate Committee Substitute bill, as 
amended, temporarily displaced. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Soles for the Select Committee on Courts: 

S.B. 123 (Committee Substitute No. 2), a bill to provide for the forfeiture or restric- 
tion of certain citizenship privileges of an individual convicted of a felony, with an 
unfavorable report as to Committee Substitute bill No. 2, as rewritten by the 
Appropriations Committee, but favorable as to Committee Substitute bill No. 3. 

On motion of Senator Soles, the rules are suspended, and the proposed Committee 
Substitute bill 5769, which changes the title to read S.B. 123 (Committee Substitute 
No. 3), a bill to provide for the forfeiture or restriction of certain citizenship privileges 
of an individual convicted of a felony or sentenced to community punishment or 
intermediate punishment, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill No. 3 is adopted. 

With unanimous consent, the Committee Substitute bill No. 3 is placed on the 
Calendar for tomorrow, Thursday, March 10, for further consideration, upon its 
passage. 

CALENDAR (Continued) 

H.B. 11 (Senate Committee Substitute), a bill to prohibit a person who was acquitted 
of certain criminal offenses by reason of insanity or a person determined to be incapa- 
ble to proceed from possessing a firearm or a weapon of death and mass destruction, 
as amended, and temporarily displaced earlier. 

Senator Winner of Buncombe offers Amendment No. 2 which is adopted (39-0). 

The Senate Committee Substitute bill, as amended, passes its second (39^0) and 
third readings and is ordered engrossed and sent to the House of Representatives, for 
concurrence in the Senate Committee Substitute bill by special messenger, which 
changes the title, upon concurrence. 



March 9, 1994 



104 SENATE JOURNAL [Extraordinary Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 229 (Committee Substitute), a bill to authorize persons having temporary 
custody of juveniles to escort a juvenile unlawfully absent from school to the juvenile's 
school or a place in the local school administrative unit. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 150 House of Representatives 

(House Committee Substitute) March 8, 1994 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Committee Substitute for Committee Substitute for SB 150, A BILL TO BE 
ENTITLED AN ACT TO ADJUST THE APPROPRIATIONS MADE FOR THE 
1993-94 FISCAL YEAR AND THE 1994-95 FISCAL YEAR TO CREATE THE 
BUDGET MODIFICATION ACT OF 1994, the Speaker has appointed as conferees on 
the part of the House, Representatives Diamont and Nesbitt, Co-chairs; Representative 
Barnes, Representative H. Hunter, Representative Holt, Representative Black, 
Representative Rogers, Representative Nye, Representative Easterling, Representative 
Michaux, Representative Redwine, Representative Russell, Representative Bowie, 
Representative Dickson, and Representative Arnold to act with a like committee on the 
part of the Senate to the end that the differences existing between the two bodies may 
be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

On motion of Senator Basnight, seconded by Senator Lucas, the Senate adjourns at 
4:00 P.M. to meet tomorrow, Thursday, March 10, at 11:00 A.M. 



TWENTIETH DAY 

Senate Chamber, 
Thursday, March 10, 1994. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Loving God, renew our spirits and draw our hearts to You, so that our work today 
may not be a burden but a blessing. 



March 10, 1994 



1994] SENATE JOURNAL 105 

"Help us that we may live this day with anticipation and childlike gladness, 
recognizing that all of life is a wonderful gift from You. 
"Great is the Lord and greatly to be praised. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 9, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Perdue, due to official business in her home district; to Senator Winner of 
Mecklenburg, to Senator Martin of Pitt, and to Senator Cochrane. 

The President extends courtesies of the floor to Charles W. Hipps, former Senator 
from Haywood County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 53, an act to provide that a defendant, after a finding of probable cause or 
indictment for committing indecent liberties with a child fifteen years old or younger 
which involves a sex offense, shall be tested for certain sexually transmitted infections 
upon the request of the victim and to add herpes to the list of sexually transmitted 
infections. (Ch. 8) 

H.B. 74 (Committee Substitute), an act to add to the condition that a probationer 
pursue a course of study or training by requiring the probationer to abide by the rules 
of the institution providing the education or training. (Ch. 9) 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

H.B. 110 (Committee Substitute), a bill to increase the time within which hearings 
for juveniles in custody take place, to provide for waiver of hearings on continued 
custody, to lengthen time of temporary custody of juveniles without an order, and to 
allow placement of juveniles by the Department of Social Services. 

Referred to Select Committee on Juveniles/Prevention and upon a favorable report, 
re-referred to the Appropriations Committee. 

H.B. 200, a bill to provide that in paroling inmates under the prison population cap 
the Governor may consent to the release of nonviolent inmates who would not 
otherwise be eligible for release. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

H.B. 225 (Committee Substitute), a bill to bring the North Carolina Statutes on 
motor vehicle window glazing into compliance with federal law and regulations. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 



March 10, 1994 



106 SENATE JOURNAL [Extraordinary Session 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 123 (Committee Substitute No. 3), a bill to provide for the forfeiture or restric- 
tion of certain citizenship privileges of an individual convicted of a felony or sentenced 
to community punishment or intermediate punishment. 

The Committee Substitute bill No. 3 passes its second (35-3) and third readings and 
is ordered sent to the House of Representatives by special messenger. 

H.B. 10 (Senate Committee Substitute), a bill to amend the laws regarding the 
confiscation, forfeiture, and disposition of firearms, as amended, upon third reading. 

Senator Winner of Buncombe offers Amendment No. 2 which is adopted (39-0). 

Without objection, on motion of Senator Odom, the Senate Committee Substitute 
bill, as amended, is temporarily displaced. 

With unanimous consent, the President grant a leave of absence for the remainder of 
today's Session to Senator Sands. 

RECALL FROM COMMITTEE 

H.B. 55 (Senate Committee Substitute), a bill to make technical amendments and 
conforming changes to the General Statutes and Session Laws relating to structured 
sentencing, misdemeanors, and felonies, as rewritten by the Select Committee on 
Courts and referred to the Appropriations Committee on March 9. 

Pursuant to Rule 47(b), Senator Daniel offers a motion that the Senate Committee 
Substitute bill be recalled from the Appropriations Committee and placed before the 
Senate for immediate consideration upon its passage, which motions prevail. 

The Chair orders the Senate Committee Substitute bill taken from the 
Appropriations Committee and placed before the Senate for immediate consideration 
upon its passage. 

The Senate Committee Substitute bill passes its second (41-1) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Commit- 
tee Substitute bill by special messenger, which changes the title upon concurrence. 

CALENDAR (Continued) 

H.B. 10 (Senate Committee Substitute), a bill to amend the laws regarding the 
confiscation, forfeiture, and disposition of firearms, as amended, upon third reading, 
temporarily displaced earlier. 

Senator Simpson offers Amendment No. 3. 

Senator Odom offers a motion that further consideration of the Senate Committee 
Substitute bill, as amended, with Amendment No. 3 pending, be postponed until the 
next legislative day, which motion he subsequently withdraws. 

The Chair orders, without objection, the Senate Committee Substitute bill, as 
amended, with Amendment No. 3 pending, temporarily displaced. 

Without objection, on motion of Senator Basnight, the Senate recesses at 12:21 P.M. 
to reconvene at 12:45 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 



March 10, 1994 



1994] SENATE JOURNAL 107 

INTRODUCTION OF PETITION 

Senator Basnight submits a petition out of the regular order of business, which is 
presented to the Senate and read in its entirety. 

The President lays before the Senate the Petition issued by Governor James B. Hunt, 
Jr., March 10, 1994, as follows: 



STATE OF NORTH CAROLINA 



JAMES B. HUNT, JR. 
GOVERNOR 



STATE OF NORTH CAROLINA 
PETITION 

WHEREAS, the economy of North Carolina has remained strong, outpacing the 
national economy. During the last year, the growth in jobs has been strong and North 
Carolina has consistently and significantly had the lowest unemployment rate of the 
eleven largest states - 4.0% in January, compared to a United States average of 6.7%. 

WHEREAS, the North Carolina Trust Fund in Washington is close to 1.5 billion 
dollars, despite a 30% tax cut for employers enacted by the General Assembly last 
year. 

WHEREAS, an additional tax cut could be passed without endangering the solvency 
of the Trust Fund. 

WHEREAS, it is important to further reduce taxes now, rather than wait until the 
Short Session in May, because North Carolina employers pay the largest amount of 
taxes, approximately 40%, the first quarter of the year. These funds are deposited in 
the U.S. Treasury in the Unemployment Trust Fund. 

WHEREAS, once deposited, these dollars cannot be withdrawn except to pay unem- 
ployment benefits. They may not be returned to the state or its tax-paying businesses. 
We could potentially lose 25 to 45 million dollars if we wait for the Short Session. 

WHEREAS, if we reduce the tax rate as proposed, it will give North Carolina the 
second lowest tax rate in the nation for new businesses and will boost this State's 
ability to attract new industry. 

WHEREAS, the tax cut has the potential for creating 10,000 new jobs and the 
availability of jobs will give many an option to crime. Employer taxes would be 
reduced by approximately $67.7 million in 1994, and approximately $73.3 million in 
1995. The average savings would amount to approximately $22.00 per worker. 

NOW, THEREFORE, I, James B. Hunt, Jr., Governor of the State of North Carolina, 
at the request of the Employment Security Commission, do hereby petition the General 
Assembly now sitting in Extra Session to consider extraordinary legislation to reduce 
the tax rate for rated employers with positive account balances by an average of 38.7% 
and to reduce the rate for new employers and unrated employers with positive account 
balances by 20%. 

Respectfully submitted at our Capital City of Raleigh, this tenth day of March, 1994. 

S/James B. Hunt, Jr. 
(SEAL) Governor of North Carolina 



March 10, 1994 



108 SENATE JOURNAL [Extraordinary Session 

With unanimous consent, on motion of Senator Basnight, the rules are suspended, 
and the Petition is placed before the Senate for immediate consideration upon adoption. 

The Chair rules the motion to suspend the rules and place the Petition before the 
Senate for immediate consideration for adoption in order. 

On motion of Senator Basnight, the Petition is adopted (39-0). 

The Chair orders a special message sent to the House of Representatives informing 
that Honorable Body of such action. 

Without objection, on motion of Senator Basnight, the Senate recesses at 1:06 P.M. 
to reconvene at 1:15 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
March 10, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House of Representatives has read the Petition submitted by the Governor for the 
General Assembly now sitting in Extra Session to consider extraordinary legislation to 
reduce the tax rate for rated employers with positive account balances by an average of 
38.7% and to reduce the rate for new employers and unrated employers with positive 
account balances by 20%, and shall proceed accordingly. 

Respectfully submitted, 
S/Denise G. Weeks 
Principal Clerk 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill 
is read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Winner of Buncombe for the Finance Committee: 

S.B. 151, a bill to appropriate funds, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Winner of Buncombe, the rules are suspended, and the 
proposed Committee Substitute bill 4722, which changes the title to read S.B. 151 
(Committee Substitute), a bill to reduce the unemployment insurance tax rate, is placed 
before the Senate for immediate consideration, pursuant to the Petition by the Governor 
adopted earlier today and the special message from the House of Representatives. 

On motion of Senator Winner of Buncombe, the Committee Substitute bill is 
adopted. 



March 10, 1994 



1994] SENATE JOURNAL 109 

With unanimous consent, the Committee Substitute bill remains before the Senate for 
further consideration upon its passage. 

The Chair rules the Committee Substitute bill not to be material. 

The Committee Substitute bill passes its second (41-0) and third readings and is 
ordered sent to the House of Representatives by special messenger. 

CALENDAR (Continued) 

H.B. 10 (Senate Committee Substitute), a bill to amend the laws regarding the 
confiscation, forfeiture, and disposition of firearms, as amended, upon third reading, 
with Amendment No. 3 pending, temporarily displaced earlier. 

With unanimous consent, Senator Simpson withdraws Amendment No. 3. 

The Senate Committee Substitute bill, as amended, passes its third reading (26-15) 
and is ordered engrossed and sent to the House of Representatives, for concurrence in 
the Senate Committee Substitute bill by special messenger. 

Without objection, on motion of Senator Basnight, the Senate recesses at 1:45 P.M. 
to reconvene at 3:15 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

With no business to come before the Senate, without objection, on motion of 
Senator Basnight, the Senate recesses at 3:24 P.M. to reconvene at 4:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Basnight, 
President Pro Tempore, who presides in the absence of the President of the Senate. 

With unanimous consent, the President Pro Tempore grants a leave of absence for 
the remainder of today's Session to Senator Hartsell and to Senator Marshall. 

REPORTS OF COMMITTEE 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place 
on the Calendar, as follows: 

By Senator Martin of Guilford for the Select Committee on Juveniles/Prevention: 

H.B. 229 (Committee Substitute), a bill to authorize persons having temporary 
custody of juveniles to escort a juvenile unlawfully absent from school to the juvenile's 
school or a place in the local school administrative unit, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 



March 10, 1994 



110 SENATE JOURNAL [Extraordinary Session 

S.B. 141, a bill to appropriate funds for a new Guilford County juvenile detention 
facility, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill 
6702, which changes the title to read S.B. 141 (Committee Substitute), a bill to 
provide for special treatment of youthful offenders, is placed before the Senate for 
immediate consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 151 (Committee Substitute), an act to reduce the unemployment insurance tax 
rate. (Ch. 10) 

On motion of Senator Soles, seconded by Senator Hyde, the Senate adjourns at 
4:39 P.M. to meet Monday, March 14, at 3:00 P.M. 



TWENTY-FIRST DAY 

Senate Chamber, 
Monday, March 14, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Most Holy God, sometimes progress toward achieving our goal is painfully slow. 
Forgive us when we allow progress to be impeded by a clash of personalities or when 
the joy of our calling has been diminished by someone else's ambition or our own. 

"Teach us to forgive as we have been forgiven. Help us to mount hope as on the 
dawn of a new day. And give us enthusiasm for our tasks, for nothing great was ever 
achieved without enthusiasm. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of Thursday, 
March 10, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Forrester, who is covering his medical practice; to Senator Richardson, due to 
car trouble; to Senator Folger and to Senator Plexico. 

Pursuant to motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 



March 14, 1994 



1994] SENATE JOURNAL 1 1 1 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 7 (Senate Committee Substitute), an act to repeal the provision in the 
Structured Sentencing Act that would have provided that possession of less than one 
gram of cocaine was not a felony and to provide for deferred proceedings and 
expunction of records for first-time simple possession of less than one gram of co- 
caine. (Ch. 11) 

H.B. 32 (Senate Committee Substitute), an act to require the Clerk of Superior Court 
to include the names of any victims in the information attached to a prisoner's commit- 
ment. (Ch. 12) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

H.B. 51 (Committee Substitute No. 2), a bill to amend the State policy on 
employment of prisoners. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 10 House of Representatives 

(Senate Committee Substitute) March 10, 1994 

Mr. President: 

It is ordered that a message be sent to your Honorable Body with the information 
that the House fails to concur in the Senate Committee Substitute to HB 10, A BILL 
TO BE ENTITLED AN ACT TO AMEND THE LAWS REGARDING THE 
CONFISCATION, FORFEITURE, AND DISPOSITION OF FIREARMS, and requests 
conferees. The Speaker has appointed Representative G. Miller, Representative 
Lemmond, and Representative Alexander on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 11 House of Representatives 

(Senate Committee Substitute) March 10, 1994 

Mr. President: 

It is ordered that a message be sent to your Honorable Body with the information 
that the House fails to concur in the Senate Committee Substitute to HB 11, A BILL 



March 14, 1994 



112 SENATE JOURNAL [Extraordinary Session 

TO BE ENTITLED AN ACT TO PROHIBIT A PERSON WHO WAS ACQUITTED 
OF CERTAIN CRIMINAL OFFENSES BY REASON OF INSANITY OR A 
PERSON DETERMINED TO BE INCAPABLE TO PROCEED FROM POSSESSING 
A FIREARM OR A WEAPON OF DEATH AND MASS DESTRUCTION, and re- 
quests conferees. The Speaker has appointed Representative G. Miller, Representative 
Fussell, and Representative Decker on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

APPOINTMENT OF CONFERENCE COMMITTEES 

H.B. 10 (Senate Committee Substitute), a bill to amend the laws regarding the 
confiscation, forfeiture, and disposition of firearms. 

Pursuant to the message from the House of Representatives requesting conferees 
received earlier today, Senator Sands offers a motion that the Senate do appoint 
conferees, which motion prevails. 

The President Pro Tempore appoints Senators Odom (Chairman), Ballance, Marshall, 
and Shaw, as conferees on the part of the Senate to resolve the differences arising 
between the two Bodies, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

H.B. 11 (Senate Committee Substitute), a bill to prohibit a person who was acquitted 
of certain criminal offenses by reason of insanity or a person determined to be 
incapable to proceed from possessing a firearm or a weapon of death and mass 
destruction. 

Pursuant to the message from the House of Representatives requesting conferees 
received earlier today, Senator Sands offers a motion that the Senate do appoint 
conferees, which motion prevails. 

The President Pro Tempore appoints Senators Odom (Chairman), Ballance, Marshall, 
and Shaw, as conferees on the part of the Senate to resolve the differences arising 
between the two Bodies, and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

On motion of Senator Basnight, the Chair declares the Senate in recess at 3:29 P.M. 
for the purpose of committee meetings to reconvene at 4:15 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

CONFERENCE REPORT 

H.B. 11 

(Senate Committee Substitute) 

Senator Odom, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 11 (Committee 
Substitute), a bill to prohibit a person who was acquitted of certain criminal offenses 
by reason of insanity from possessing a firearm or a weapon of death and mass 
destruction, and the Senate Committee Substitute bill which proposes to change the 
title, upon concurrence, to read H.B. 11 (Senate Committee Substitute), a bill to 
prohibit a person who was acquitted of certain criminal offenses by reason of insanity 
or a person determined to be incapable to proceed from possessing a firearm or a 
weapon of death and mass destruction, submits the following report: 



March 14, 1994 



1994] SENATE JOURNAL 113 

To the President of the Senate and the 
Speaker of the House of Representatives: 

The conferees appointed to resolve the differences arising between the Senate and the 
House of Representatives on House Bill 11, A BILL TO BE ENTITLED AN ACT TO 
PROHIBIT A PERSON WHO WAS ACQUITTED OF CERTAIN CRIMINAL 
OFFENSES BY REASON OF INSANITY OR A PERSON DETERMINED TO BE 
INCAPABLE TO PROCEED FROM POSSESSING A FIREARM OR A WEAPON 
OF DEATH AND MASS DESTRUCTION, Senate Select Committee on Corrections/ 
Punishment Committee Substitute Adopted 2/17/94, Fifth Edition Engrossed 3/9/94, 
submit the following report: 

The House of Representatives and the Senate agree to the following amendments to 
the Senate Select Committee on Corrections/Punishment Committee Substitute Adopted 
2/17/94, Fifth Edition Engrossed 3/9/94, and the House concurs in the Senate Commit- 
tee Substitute as amended: 

(1) On page 1, line 12, delete " Except as provided in subsection (b) of this section. 
it", and substitute "It"; and 

(2) On page 2, line 4, delete "(c)". and substitute "(b)" 

The conferees recommend that the Senate and House of Representatives adopt this 
report. 

Date conferees approved report: March 10, 1994. 

S/T.L.Odom S/George Miller 

S/Frank W Ballance, Jr. S/Michael P. Decker 

S/Robert G. Shaw S/Aaron E. Fussell 

S/Elaine F. Marshall 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Odom, the Conference Report is adopted (41-0) and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

The Chair declares the Senate in recess at 4:22 P.M. to reconvene at 4:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

H.B. 200, a bill to provide that in paroling inmates under the prison population cap 
the Governor may consent to the release of nonviolent inmates who would not other- 
wise be eligible for release, with an unfavorable report as to bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Senate Commit- 
tee Substitute bill 2317, which changes the title, upon concurrence, to read H.B. 200 (Senate 



March 14, 1994 



1 14 SENATE JOURNAL [Extraordinary Session 

Committee Substitute), a bill to provide that the Governor shall set the prison 
population cap and to provide that in paroling inmates under the prison population cap 
the Parole Commission may release nonviolent inmates who would not otherwise be 
eligible for release, is placed before the Senate for immediate consideration. 

On motion of Senator Ballance, the Senate Committee Substitute bill is adopted, and 
on his further motion remains before the Senate for immediate consideration upon its 
passage. 

The Senate Committee Substitute bill passes its second reading (41-0). 

Senator Plexico announces his presence and withdraws his request for a leave of 
absence for the remainder of today's Session. 

The Senate Committee Substitute bill passes its third reading (42-0) and is ordered 
sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill, which changes the title, upon concurrence, by special messenger. 

APPOINTMENT OF ADDITIONAL CONFEREE 

S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made for 
the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification 
Act of 1994. 

The President Pro Tempore appoints Senator Hartsell, as an additional conferee on 
the part of the Senate to resolve the differences arising between the two Bodies and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

The President recognizes the following pages serving in the Senate this week: Beth 
Bernstein, Raleigh; Dee Ann Coffin, Mebane; Anthony Harris, Greenville; Amelia Marie 
Knauff, Mebane; Kelvin Mangum, Wendell; Nicole Mitchell, Raleigh; Valeria Lashearl 
Nunnally, Pelham; and Amanda Marie Scott, Mebane. 

On motion of Senator Basnight, seconded by Senator Hoyle, the Senate adjourns at 
5:08 P.M. to meet tomorrow, Tuesday, March 15, at 9:00 A.M. 



TWENTY-SECOND DAY 

Senate Chamber, 
Tuesday, March 15, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, You are worthy of all praise. There is no God beside You. Since we 
can remember, You have brought the springtime from winter's cold. And this year, 
You have done it again. You have made heaven and earth. You have made each of 
us in Your Own Image. 

"And out of Your Energy, we are given this new day of experience. As we 
approach You this morning, we humbly ask that You meet us at our place of need and 
guide us in all that we do. In Your Name, we pray, Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 14, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



March 15, 1994 



1994] SENATE JOURNAL 115 

With unanimous consent, the President grants a leave of absence for today to 
Senator Gulley, due to medical reasons; and to Senator Folger. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.B. 11 House of Representatives 

(Senate Committee Substitute) March 14, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate Committee Substitute to 
HB 11, A BILL TO BE ENTITLED AN ACT TO PROHIBIT A PERSON WHO 
WAS ACQUITTED OF CERTAIN CRIMINAL OFFENSES BY REASON OF 
INSANITY OR A PERSON DETERMINED TO BE INCAPABLE TO PROCEED 
FROM POSSESSING A FIREARM OR A WEAPON OF DEATH AND MASS 
DESTRUCTION, similar action having been taken on the part of the Senate, we have 
ordered the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Adoption of the Conference Report by the House of Representatives constitutes 
concurrence changing the title. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 10 House of Representatives 

(Senate Committee Substitute) March 14, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate Committee Substitute to 
HB 10, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS 
REGARDING THE CONFISCATION, FORFEITURE, AND DISPOSITION OF 
FIREARMS, to the end that when a similar action has been taken on the part of the 
Senate, we will order the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 11 (Senate Committee Substitute), an act to prohibit a person who was 
acquitted of certain criminal offenses by reason of insanity or a person determined to 
be incapable to proceed from possessing a firearm or a weapon of death and mass 
destruction. (Ch. 13) 

H.B. 55 (Senate Committee Substitute), an act to make technical amendments and 
conforming changes to the General Statutes and Session Laws relating to structured 
sentencing, misdemeanors, and felonies. (Ch. 14) 



March 15, 1994 



1 16 SENATE JOURNAL [Extraordinary Session 

H.B. 200 (Senate Committee Substitute), an act to provide that the Governor shall 
set the prison population cap and to provide that in paroling inmates under the prison 
population cap the Parole Commission may release nonviolent inmates who would not 
otherwise be eligible for release. (Ch. 15) 

CONFERENCE REPORT 

H.B. 10 (Senate Committee Substitute) 

Senator Odom, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 10 (Senate Committee 
Substitute), a bill to amend the laws regarding the confiscation, forfeiture, and 
disposition of firearms, submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

The conferees appointed to resolve the differences between the Senate and the House 
of Representatives on House Bill 10, A BILL TO BE ENTITLED AN ACT TO 
AMEND THE LAWS REGARDING THE CONFISCATION, FORFEITURE, AND 
DISPOSITION OF FIREARMS, Fifth Edition Engrossed 3/10/94, submit the following 
report: 

The House of Representatives concurs in the Fifth Edition Engrossed 3/10/94 and 
the House and the Senate agree to the following amendments to the Fifth Edition 
Engrossed 3/10/94: 

On page 2, line 17, delete "March 1," and substitute "May 1,". 

The conferees recommend that the Senate and House of Representatives adopt this 
report. 

Date conferees approved report: March 14, 1994. 

S/T.L. Odom S/George Miller 

S/Frank W. Ballance, Jr. S/J. Shawn Lemmond 

S/Elaine F. Marshall S/Martha Bedell Alexander 
S/Robert G. Shaw 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Odom, the Conference Report is adopted (38-3) and a 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

Without objection, on motion of Senator Odom, the Senate recesses at 9:23 A.M. to 
reconvene at 3:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's session to Senator Edwards. 

Senator Folger announces his presence and withdraws his request for a leave of 
absence. 



March 15, 1994 



1994] SENATE JOURNAL 117 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 10 (Senate Committee Substitute), an act to amend the laws regarding the 
confiscation, forfeiture, and disposition of firearms. (Ch. 16) 

On motion of Senator Basnight, the Chair declares the Senate in recess at 3:07 P.M. 
to reconvene at 4:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 8 House of Representatives 

(Senate Committee Substitute) March 15, 1994 

Mr. President: 

It is ordered that a message be sent to your Honorable Body with the information 
that the House fails to concur in the Senate Committee Substitute for HB 8, A BILL 
TO BE ENTITLED AN ACT TO PROHIBIT THE POSSESSION OF FIREARMS 
AND WEAPONS OF MASS DEATH AND DESTRUCTION BY FELONS, and 
requests conferees. The Speaker has appointed Representative Michaux, Representative 
Richardson, Representative Lemmond, and Representative G. Miller on the part of the 
House to confer with a like committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Sands offers a motion that the Senate do appoint conferees, which motion 
prevails. The President Pro Tempore takes the appointment of conferees under 
advisement. 

On motion of Senator Basnight, seconded by Senator Kerr, the Senate adjourns at 
4:21 P.M. to meet tomorrow, Wednesday, March 16, at 1:30 P.M. 



TWENTY-THIRD DAY 

Senate Chamber, 
Wednesday, March 16, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote from 
Exodus 16:3, as follows: 



March 16, 1994 



118 SENATE JOURNAL [Extraordinary Session 

"All Knowing God, the men and women of the Senate have worked very hard in 
this Extraordinary Session to write legislation that will reduce crime and violence in 
our State. 

"But we confess that great frustration arises when, having worked so diligently, there 
are still barriers to overcome. 

"We feel much like the Israelites who, having been freed by You from the cruel 
bondage of Egypt, found themselves hungry in the desert and murmured against You 
saying, 'We wish that the Lord had killed us in Egypt. There we could at least sit 
down and eat meat and as much other food as we wanted. But You have brought us 
out into this wilderness to starve us all to death!' 

"Understand our frustration, hear our murmurings, and rain down bread from 
heaven, O Lord, so that we may finish our appointed tasks. Amen." 

Senator Harris, for the Rules and Operation of the Senate Committee, announces 
the Journal of yesterday, Tuesday, March 15, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Conder and to Senator Hoyle, who are attending to business of the State in 
Washington, D.C.; to Senator Folger, who has a prior business appointment; to Senator 
Richardson and to Senator Edwards. 

Without objection, on motion of Senator Harris, the Chair declares the Senate in 
recess at 1:50 P.M. to reconvene at 2:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

Senator Daniel offers an oral report as to negotiations by the conferees on S.B. 150 
(House Committee Substitute), a bill to adjust the appropriations made for the 1993-94 
fiscal year and the 1994-95 fiscal year to create the Budget Modification Act of 1994, 
with no recommendation. 

With no business to come before the Senate, on motion of Senator Basnight, 
seconded by Senator Kaplan, the Senate adjourns at 2:13 P.M. to meet tomorrow, 
Thursday, March 17 at 10:00 A.M. 



TWENTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 17, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"We are grateful, O God, for You have responded to our prayers and progress is 
being made in this great Body. 

"Now, we would be so bold to look to the day, promised in Scripture, when laws 
will no longer be needed to deter crimes by punishment or prevent crimes through 
education. 

"On that day, Your Law will be written on the hearts of all people. A Law that 
supersedes all others, because You shall be our God and we shall be Your People. 
Hasten that day, we pray. Amen." 



March 17, 1994 



1994] SENATE JOURNAL 119 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 16, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to 
Senator Richardson. 

The Senate receives an oral report from Senator Daniel, Chairman of the Conference 
Committee on S.B. 150 (House Committee Substitute), a bill to adjust the appropri- 
ations made for the 1993-94 fiscal year and the 1994-95 fiscal year to create the 
Budget Modification Act of 1994. (See Appendix) 

With no business to come before the Senate, on motion of Senator Basnight, the 
Chair declares the Senate in recess for the purpose of committee meetings at 10:32 
A.M. to reconvene at 1:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Marc 
Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

With unanimous consent, the President Pro Tempore grants a leave of absence for a 
portion of today's session to Senator Parnell. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Ballance for the Select Committee on Corrections/Punishment: 

H.B. 6 (Committee Substitute), a bill to repeal the provisions in the Structured 
Sentencing Act that restricted the definition of habitual felon and lowered the 
punishment for an habitual felon from Class C to Class D, with an unfavorable report 
as to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Ballance, the proposed Senate Committee Substitute bill 7391, 
which changes the title, upon concurrence, to read H.B. 6 (Senate Committee 
Substitute), a bill to amend and recodify the habitual felon law under the Structured 
Sentencing Act, is placed before the Senate for immediate consideration. 

On motion of Senator Ballance, the Senate Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

RECALL FROM COMMITTEE 

H.B. 229 (Committee Substitute), a bill to authorize persons having temporary 
custody of juveniles to escort a juvenile unlawfully absent from school to the juvenile's 
school or a place in the local school administrative unit, referred to the Appropriations 
Committee on March 10. 

Pursuant to Rule 47(b), Senator Plyler offers a motion that the Committee Substitute 
bill be recalled from the Appropriations Committee and placed before the Senate for 
immediate consideration upon its passage, which motions prevail. 

The Chair orders the Committee Substitute bill taken from the Appropriations 
Committee and placed before the Senate for immediate consideration upon its passage. 

With unanimous consent, the Chair orders the Committee Substitute bill temporarily 
displaced. 



March 17, 1994 



120 SENATE JOURNAL [Extraordinary Session 

H.B. 6 (Senate Committee Substitute), a bill to amend and recodify the habitual 
felon law under the Structured Sentencing Act, reported from the Select Committee on 
Corrections/Punishment, adopted, and re-referred to the Appropriations Committee, 
earlier today. 

Pursuant to Rule 47(b), Senator Daniel offers a motion that the Senate Committee 
Substitute bill be recalled from the Appropriations Committee and placed on today's 
Calendar for consideration upon its passage, which motions prevail. 

The Chair orders the Senate Committee Substitute bill taken from the 
Appropriations Committee and placed on today's Calendar for consideration upon its 
passage. 

On motion of Senator Daniel, with unanimous consent, the Chair declares the Senate 
in recess at 1:24 P.M. to reconvene at 3:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

Senator Parnell announces his presence in the Chamber and requests to withdraw his 
leave of absence, which request is granted. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Cooper for the Select Committee on Courts: 

H.B. 145 (Committee Substitute), a bill to require that the parent, guardian, or next 
of kin of a minor who is charged or taken into custody by a law enforcement officer 
shall be notified without unnecessary delay and to amend the law regarding the 
concealment of merchandise in mercantile establishments, with an unfavorable report as 
to Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Cooper, the proposed Senate Committee Substitute bill 5253, 
which changes the title, upon concurrence, to read H.B. 145 (Senate Committee 
Substitute), a bill to amend the law regarding the concealment of merchandise in 
mercantile establishments, is placed before the Senate for immediate consideration. 

On motion of Senator Cooper, the Senate Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

Bills on the Calendar are taken up and disposed of, as follows: 

H.B. 229 (Committee Substitute), a bill to authorize persons having temporary 
custody of juveniles to escort a juvenile unlawfully absent from school to the juvenile's 
school or a place in the local school administrative unit, placed on the Calendar and 
temporarily displaced earlier today. 

The Committee Substitute bill passes its second (35-0) and third (37-0) readings and 
is ordered enrolled. 



March 17, 1994 



1994] SENATE JOURNAL 12 1 

H.B. 6 (Senate Committee Substitute), a bill to amend and recodify the habitual 
felon law under the Structured Sentencing Act, earlier today reported from the Select 
Committee on Corrections/Punishment, adopted, and re-referred to the 
Appropriations Committee, recalled, and placed on the Calendar for further consider- 
ation upon its passage. 

The Senate Committee Substitute bill passes its second (39-3) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger, which proposes to change the title 
upon concurrence. 

On motion of Senator Soles, with unanimous consent, the Chair declares the Senate 
in recess at 3:21 P.M. to reconvene at 5:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, duly ratified, and 
sent to the Office of the Secretary of State: 

H.B. 229 (Committee Substitute), an act to authorize persons having temporary 
custody of juveniles to escort a juvenile unlawfully absent from school to the juvenile's 
school or a place in the local school administrative unit. (Ch. 17) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

S.B. 50, a bill to provide that a defendant who agrees to a suspended sentence, 
probation, or an alternative sentence or punishment and who willfully violates a 
condition of that judgment may be held in criminal contempt for the violation, for 
concurrence in the House Committee Substitute bill, which changes the title, upon 
concurrence, to read S.B. 50 (House Committee Substitute), a bill to provide that a 
defendant who willfully violates a condition of probation may be held in criminal 
contempt for the violation. 

On motion of Senator Sands, without objection, the House Committee Substitute bill 
is placed on the Calendar for tomorrow, Friday, March 18, for consideration upon its 
passage. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 8 (Senate Committee Substitute), a bill to prohibit the possession of firearms 
and weapons of mass death and destruction by felons. 

Pursuant to the message from the House of Representatives received March 15 
requesting conferees, and the motion the Senate do appoint conferees, offered by 
Senator Sands, which prevailed March 15, the President Pro Tempore appoints Senators 
Ballance (Chairman), Kincaid, and Hoyle as conferees on the part of the Senate to act 
with a like committee from the House of Representatives to resolve the differences 
arising between the two Bodies. A message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

On motion of Senator Basnight, seconded by Senator Tally, the Senate adjourns at 
5:10 P.M. to meet tomorrow, Friday, March 18, at 10:00 A.M. 



March 17, 1994 



122 SENATE JOURNAL [Extraordinary Session 

TWENTY-FIFTH DAY 

Senate Chamber, 
Friday, March 18, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable Marc 
Basnight, President Pro Tempore, who presides in the absence of the Lieutenant Governor. 

Senator Clark Plexico is recognized to offer prayer. The remarks of Senator Plexico 
are, as follows: 

"Because I hope we are getting somewhat nearer to adjournment, and because I need 
to explain why the prayer I am going to offer means so much to me, I hope you will 
bear with me for a minute or two. 

"As most of you know, I married an English girl. In fact, we were married at St. 
Mary's Church in the Village of Icomb, in southwest England. The chapel that was 
built in the 12th Century, 400 years before the Pilgrims landed at Plymouth Rock, and 
before Magna Carta. 

"In the chapel of the church is the burial tomb of a knight. A knight who was 
involved in the Crusades. And on the wall next to the tomb hangs a written prayer 
called the Knight's Prayer. It's the first place I return to every time I go back to 
England. Standing in that 800-year-old church is a humbling experience for a little 
boy from a small Southern town. And I always feel part of something bigger than 
Henderson County, 29th Senatorial District, even North Carolina. It helps to keep 
things in perspective. 

"I often think of that prayer when I'm here. I think of the people who sat in my 
legislative seat before I came, and realize we're connected even in our current-day 
diversity with those who came before us in the North Carolina General Assembly, 
leading back to the Colonial Legislature, the British Parliament, Magna Carta, right 
back to the Crusader Knights. 

"So I offer this Knight's Prayer from the chapel in Icomb, England, with the hope 
that we will keep things in perspective, and that we will always remember that when 
we make decisions in this Body, we do so as part of a tradition and a heritage as rich 
as it is long. And the decisions we make are not just for today, or not through the 
next election, or even the foreseeable future. The decisions we make connect us to the 
generations who come here long after we're gone. With this in mind, let us pray. 

My Lord, I am ready on the threshold of this new day. 

To go forth armed with Thy Power, 

Seeking adventure on the high road. 

To right wrong. 

To overcome evil. 

To suffer wounds and endure pain, if need be. 

But in all things to serve Thee bravely, 

Faithfully, joyfully, 

That at the end of the day's labor, 

Kneeling for Thy Blessing, 

Thy mayest find no blot upon my shield. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Thursday, March 17, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President Pro Tempore grants leaves of absence for 
today to Senator Harris, who is in "need of suit and shirt;" to Senator Forrester, who 
is attending a medical task force meeting in Washington, D.C.; to Senator Parnell, who 
is attending a ground-breaking at Pembroke University; to Senator Folger and to 
Senator Smith. 



March 18, 1994 



1994] SENATE JOURNAL 123 

RECALL FROM COMMITTEE 

H.B. 171 (Senate Committee Substitute), a bill to require notification of parole 
hearings and the decision reached at those hearings to newspapers and other media in 
the county where the prisoner being considered for parole was convicted and, if 
different, in the county where the prisoner was charged, as rewritten by the Select 
Committee on Corrections/Punishment, adopted, and referred to the Appropriations 
Committee on March 9. 

Pursuant to Rule 47(b), Senator Daniel offers a motion that the Senate Committee 
Substitute bill be recalled from the Appropriations Committee and placed on the 
Calendar for today, for consideration upon its passage, which motions prevail, with 
unanimous consent. 

The Chair orders the Senate Committee Substitute bill taken from the 
Appropriations Committee and placed on the Calendar for today, for consideration 
upon its passage. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 124, an act to provide for the use of laser speed enforcement in North Carolina. 
(Ch. 18) 

On motion of Senator Daniel, the Chair declares the Senate in recess at 10:33 A.M. 
for the purpose of committee meetings to reconvene at 11:00 A.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Basnight, 
President Pro Tempore, who presides in the absence of the Lieutenant Governor. 

With unanimous consent, the Chair grants a leave of absence for the remainder of 
today's Session to Senator Martin of Pitt, who is sick, and to Senator Jordan. 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 50, a bill to provide that a defendant who agrees to a suspended sentence, 
probation, or an alternative sentence or punishment and who willfully violates a 
condition of that judgment may be held in criminal contempt for the violation, for 
concurrence in the House Committee Substitute bill, which changes the title, upon 
concurrence, to read S.B. 50 (House Committee Substitute), a bill to provide that a 
defendant who willfully violates a condition of probation may be held in criminal 
contempt for the violation. 

The Senate concurs in the House Committee Substitute bill (39-1) and the measure 
is ordered enrolled. 

H.B. 171 (Senate Committee Substitute), a bill to require notification of parole 
hearings and the decision reached at those hearings to newspapers and other media in 
the county where the prisoner being considered for parole was convicted and, if 
different, in the county where the prisoner was charged, placed earlier today on the 
Calendar for consideration upon its passage. 

Senator Sands offers Amendment No. 1 which is adopted (40-0). 

The Senate Committee Substitute bill, as amended, passes its second reading (36-4). 



March 18, 1994 



124 SENATE JOURNAL [Extraordinary Session 

Senator Ballance objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for the next legislative day, for further consideration, 
upon third reading. 

Senator Daniel offers an oral report on negotiations of the conference committee on 
S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made for the 
1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification Act 
of 199, with no recommendation. (See Appendix) 

On motion of Senator Daniel, the Chair declares the Senate in recess at 11:58 A.M. 
for the purpose of committee meetings to reconvene at 1:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Basnight, 
President Pro Tempore, who presides in the absence of the Lieutenant Governor. 

With no business to come before the Senate, on motion of Senator Soles, the Chair 
declares the Senate in recess at 1:45 P.M. for the purpose of committee meetings to 
reconvene at 2:15 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Basnight, 
President Pro Tempore, who presides in the absence of the Lieutenant Governor. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 50 (House Committee Substitute), an act to provide that a defendant who 
willfully violates a condition of probation may be held in criminal contempt for the 
violation. (Ch. 19) 

With unanimous consent, the Chair grants a leave of absence for the remainder of 
today's Session to Senator Sands, who has a previous business commitment in 
Winston-Salem, and to Senator Albertson. 

WITHDRAWAL FROM CALENDAR 

H.B. 171 (Senate Committee Substitute), a bill to require notification of parole 
hearings and the decision reached at those hearings to newspapers and other media in 
the county where the prisoner being considered for parole was convicted and, if 
different, in the county where the prisoner was charged, as amended, earlier today 
placed on the Calendar for the next legislative day, upon third reading. 

Senator Ballance offers a motion that the Senate Committee Substitute bill, as 
amended, be taken from the Calendar for the next legislative day and placed before the 
Senate for further consideration, upon third reading, which motions prevail. 

The Chair orders the Senate Committee Substitute bill, as amended, taken from the 
Calendar for the next legislative day and placed before the Senate for further 
consideration, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading (24-3) 
and is ordered engrossed and sent to the House of Representatives, for concurrence in 
the Senate Committee Substitute bill, which changes the title, upon concurrence, by 
special messenger. 



March 18, 1994 



1994] SENATE JOURNAL 125 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

S.B. 123 (Committee Substitute No. 3), a bill to provide for the forfeiture or 
restriction of certain citizenship privileges of an individual convicted of a felony or 
sentenced to community punishment or intermediate punishment, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 123 (House Committee Substitute), a bill to provide for the forfeiture of certain 
citizenship privileges of an individual convicted of a felony who refuses probation or 
whose probation is revoked or suspended. 

On motion of Senator Cooper, the rules are suspended without objection, and the House 
Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Cooper, the Chair orders, without objection, the House 
Committee Substitute bill temporarily displaced. 

Senator Daniel offers an oral report on the negotiations of the conference committee 
on S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made for 
the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification 
Act of 1994, with no recommendation. (See Appendix) 

CALENDAR (Continued) 

S.B. 123 (Committee Substitute No. 3), a bill to provide for the forfeiture or 
restriction of certain citizenship privileges of an individual convicted of a felony or 
sentenced to community punishment or intermediate punishment, for concurrence in the 
House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 123 (House Committee Substitute), a bill to provide for the forfeiture of certain 
citizenship privileges of an individual convicted of a felony who refuses probation or 
whose probation is revoked or suspended, temporarily displaced earlier. 

The Senate concurs in the House Committee Substitute bill (28-2) and the measure 
is ordered enrolled. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 123 (House Committee Substitute), an act to provide for the forfeiture of certain 
citizenship privileges of an individual convicted of a felony who refuses probation or 
whose probation is revoked or suspended. (Ch. 20) 

With unanimous consent, the Chair declares the Senate in recess at 7:15 P.M. for the 
purpose of committee meetings. 

RECESS 

The Senate meets pursuant to recess at 9:01 P.M. and is called to order by Senator 
Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Senator Daniel offers an oral report on the negotiations of the conference committee 
on S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made for 
the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification 
Act of 1994, with no recommendation. (See Appendix) 

With no further business to come before the Senate, on motion of Senator Soles, 
seconded by Senator Johnson, the Senate adjourns at 9:05 P.M. to meet Monday, 
March 21, at 8:00 P.M. 



March 18, 1994 



126 SENATE JOURNAL [Extraordinary Session 

TWENTY-SIXTH DAY 

Senate Chamber, 
Monday, March 21, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Harry L. Cohen, Pastor of the New Covenant 
United Holy Church in Burlington, as follows: 

"Lean not to thy own understanding, but in all thy ways acknowledge God, and He 
shall direct thy path. 

"How excellent is Thy Name, Oh Lord, in all the earth. We take this time to 
acknowledge You, because we sense a need for Your Directions. 

"The men and women who have given themselves to be the servants of the people 
of our State will make many decisions which will impact the lives of Your people. 
Decisions which will become laws of the State. 

"Grant them Your Wisdom to know what is best, the spirit of cooperation and 
respect for fellow Senators, and the courage to move with regard to time. 

"Let true business sense rise in each Senator's heart giving clear understanding. 
Give creative ability for the solutions to the problems facing our State and Nation. 

"Let Your Peace abound and grant success. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Friday, 
March 18, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to 
Senator Hartsell, who is attending a county commissioners' meeting; to Senator Winner 
of Buncombe, due to a required court appearance; to Senator Perdue, due to a prior 
commitment; to Senator Jordan, due to a prior business engagement; to Senator Hoyle, 
due to a prior business engagement; to Senator Folger, to Senator Tally, to Senator 
Winner of Mecklenburg, to Senator Soles, and to Senator Gulley. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives transmitting the 
following bills which are read the first time and disposed of, as follows: 

S.B. 2, a bill to provide for life without parole for first degree murder, for concurrence 
in the House Committee Substitute bill, which changes the title, upon concurrence, to read 
S.B. 2 (House Committee Substitute), a bill to provide for life imprisonment without parole 
for first degree murder and to provide that, after a defendant has served twenty-five years 
of imprisonment and every two years thereafter, the defendant's sentence of life 
imprisonment without parole shall be reviewed by a resident Superior Court Judge for the 
county in which the defendant was convicted and the judge shall make a recommendation 
to the Governor or an executive agency designated by the Governor as to whether or not 
the defendant's sentence should be altered or commuted. 

Recommitted to the Select Committee on Corrections/Punishment. 

H.B. 39 (Committee Substitute No. 2), a bill to adjust the appropriations made for the 
1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification Act 
of 1994, to increase the punishment under structured sentencing for first degree rape and 
first degree sexual offense, including life without parole for the aggravated range of prior 
record levels V and VI, to repeal the provisions in the Structured Sentencing Act 



March 21, 1994 



1994] SENATE JOURNAL 127 

that restricted the definition of habitual felon and lowered the punishment for an habit- 
ual felon from Class C to Class D, to provide that an enhanced sentence shall be 
imposed on a person convicted of a Class A through E felony if the person used, 
displayed, or threatened to use or display a firearm during the commission of the 
felony, and to provide that a firearm used in the commission of a felony shall be 
confiscated and disposed of as ordered by the court unless it can be established that the 
firearm is owned by someone other than the convicted defendant, to lower the age of 
juveniles who may be transferred to superior court from 14 to 13 years of age and to 
authorize the Juvenile Code Committee to study mandatory transfer of juveniles to 
superior court for serious felony offenses, to provide that upon a third conviction of 
certain violent felonies an offender is a violent habitual felon and shall be sentenced to 
life imprisonment without parole, unless the offender is sentenced to death for a capital 
offense. 

Referred to Select Committee on Corrections/Punishment and upon a favorable 
report, re-referred to the Appropriations Committee. 

H.B. 128 (Committee Substitute), a bill to make it a misdemeanor for a person to 
willfully make a false, misleading, or unfounded report to a law enforcement agency or 
officer. 

Referred to Select Committee on Corrections/Punishment. 

On motion of Senator Basnight, seconded by Senator Plexico, the Senate adjourns at 
8:25 P.M. to meet tomorrow, Tuesday, March 22, at 10:30 A.M. 



TWENTY-SEVENTH DAY 

Senate Chamber, 
Tuesday, March 22, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Hope, Your Very Presence causes us to choose Whom we will serve. Help 
us to choose Your Way so that we will not be confused by conflicting motives. 

"Give us strength this week as we struggle for justice's sake. 

"When we have confrontations, let us be honest and direct yet, compassionate and 
humble. Finally, help us to persevere with faith and humor in all the tasks that You 
have given to us. In Your Holy Name we pray, Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Monday, March 21, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Sena- 
tor Marshall, due to a mandatory court appearance; to Senator Tally, and to Senator 
Winner of Buncombe. 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 



REPORT OF COMMITTEE 

A bill is reported from a select committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 



March 22, 1994 



128 SENATE JOURNAL [Extraordinary Session 

By Senator Odom for the Select Committee on Corrections/Punishment: 

H.B. 39 (Committee Substitute No. 2), a bill to adjust the appropriations made for 
the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification 
Act of 1994, to increase the punishment under structured sentencing for first degree 
rape and first degree sexual offense, including life without parole for the aggravated 
range of prior record levels V and VI, to repeal the provisions in the Structured 
Sentencing Act that restricted the definition of habitual felon and lowered the punish- 
ment for an habitual felon from Class C to Class D, to prohibit the possession of 
firearms and weapons of mass death and destruction by felons, to provide that an 
enhanced sentence shall be imposed on a person convicted of a Class A through E 
felony if the person used, displayed, or threatened to use or display a firearm during 
the commission of the felony, and to provide that a firearm used in the commission 
of a felony shall be confiscated and disposed of as ordered by the court unless it can 
be established that the firearm is owned by someone other than the convicted defen- 
dant, to lower the age of juveniles who may be transferred to superior court from 14 
to 13 years of age and to authorize the Juvenile Code Committee to study mandatory 
transfer of juveniles to superior court for serious felony offenses, to provide that upon 
a third conviction of certain violent felonies an offender is a violent habitual felon and 
shall be sentenced to life imprisonment without parole, unless the offender is sentenced 
to death for a capital offense, with a favorable report, as amended. 

Pursuant to Rule 45.1, the Committee Substitute bill No. 2 is placed before the 
Senate for immediate consideration and Committee Amendment No. 1 is adopted, 
which proposes to change the title, upon concurrence, to read H.B. 39 (Committee 
Substitute No. 2), a bill to adjust the appropriations made for the 1993-94 fiscal year 
and the 1994-95 fiscal year to create the Budget Modification Act of 1994, to increase 
the punishment under structured sentencing for first degree rape and first degree sexual 
offense, including life without parole for the aggravated range of prior record levels V 
and VI, to repeal the provisions in the Structured Sentencing Act that restricted the 
definition of habitual felon and lowered the punishment for an habitual felon from 
Class C to Class D, to provide that an enhanced sentence shall be imposed on a person 
convicted of a Class A through E felony if the person used, displayed, or threatened 
to use or display a firearm during the commission of the felony, and to provide that 
a firearm used in the commission of a felony shall be confiscated and disposed of as 
ordered by the court unless it can be established that the firearm is owned by someone 
other than the convicted defendant, to lower the age of juveniles who may be trans- 
ferred to superior court from 14 to 13 years of age and to authorize the Juvenile Code 
Committee to study mandatory transfer of juveniles to superior court for serious felony 
offenses, to provide that upon a third conviction of certain violent felonies an offender 
is a violent habitual felon and shall be sentenced to life imprisonment without parole, 
unless the offender is sentenced to death for a capital offense. 

The Committee Substitute bill No. 2, as amended, remains before the Senate for 
further consideration and Committee Amendments No. 2 and No. 3 are adopted. 

Pursuant to Rule 43, the Chair orders the measure, as amended, re-referred to the 
Appropriations Committee. 

On motion of Senator Basnight, with unanimous consent, the Chair declares the 
Senate in recess for the purpose of committee meetings at 10:47 A.M. to reconvene at 
12:00 M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

Senator Marshall and Senator Tally announce their presence in the Chamber and 
request to withdraw their leaves of absence, which requests are granted. 



March 22, 1994 



1994] SENATE JOURNAL 129 

With no further business to come before the Senate, on motion of Senator Sands, the 
Chair declares the Senate in recess for the purpose of committee meetings at 12:04 
P.M. to reconvene at 12:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

With no business to come before the Senate, on motion of Senator Basnight, the 
Chair declares the Senate in recess for the purpose of committee meetings at 12:41 
P.M. to reconvene at 4:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

REPORT OF COMMITTEE 

A bill is reported from a select committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Odom for the Select Committee on Corrections/Punishment: 

S.B. 2 (House Committee Substitute), a bill to provide for life imprisonment without 
parole for first degree murder and to provide that, after a defendant has served twenty- 
five years of imprisonment and every two years thereafter, the defendant's sentence of 
life imprisonment without parole shall be reviewed by a resident Superior Court Judge 
for the county in which the defendant was convicted and the judge shall make a 
recommendation to the Governor or an executive agency designated by the Governor 
as to whether or not the defendant's sentence should be altered or commuted, with a 
favorable report as to concurrence, which proposes to change the title from S.B. 2, a 
bill to provide for life without parole for first degree murder. 

On motion of Senator Odom, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

The Chair rules the House Committee Substitute bill requires passage on two 
separate readings. 

The Senate concurs in the House Committee Substitute bill on its second (42-2) and 
third readings, which changes the title, and the measure is ordered enrolled. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and the President of 
the Senate ratifies the measure, as follows: 

S.B. 2 (House Committee Substitute), an act to provide for life imprisonment 
without parole for first degree murder and to provide that, after a defendant has served 
twenty-five years of imprisonment and every two years thereafter, the defendant's 
sentence of life imprisonment without parole shall be reviewed by a resident Superior 
Court Judge for the county in which the defendant was convicted and the judge shall 
make a recommendation to the Governor or an executive agency designated by the 
Governor as to whether or not the defendant's sentence should be altered or commuted. 
(Ch. 21) 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill 
is read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 



March 22, 1994 



130 SENATE JOURNAL [Extraordinary Session 

By Senator Daniel for the Appropriations Committee: 

H.B. 39 (Committee Substitute No. 2), a bill to adjust the appropriations made for the 
1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification Act of 
1994, to increase the punishment under structured sentencing for first degree rape and 
first degree sexual offense, including life without parole for the aggravated range of prior 
record levels V and VI, to repeal the provisions in the Structured Sentencing Act that 
restricted the definition of habitual felon and lowered the punishment for an habitual 
felon from Class C to Class D, to prohibit the possession of firearms and weapons of 
mass death and destruction by felons, to provide that an enhanced sentence shall be 
imposed on a person convicted of a Class A through E felony if the person used, dis- 
played, or threatened to use or display a firearm during the commission of the felony, 
and to provide that a firearm used in the commission of a felony shall be confiscated and 
disposed of as ordered by the court unless it can be established that the firearm is owned 
by someone other than the convicted defendant, to lower the age of juveniles who may 
be transferred to superior court from 14 to 13 years of age and to authorize the Juvenile 
Code Committee to study mandatory transfer of juveniles to superior court for serious 
felony offenses, to provide that upon a third conviction of certain violent felonies an 
offender is a violent habitual felon and shall be sentenced to life imprisonment without 
parole, unless the offender is sentenced to death for a capital offense, earlier today 
reported with a favorable report, as amended, from the Select Committee on 
Corrections/Punishment, placed before the Senate, Committee Amendments adopted, 
changing the title upon concurrence to read H.B. 39 (Committee Substitute No. 2), a bill 
to adjust the appropriations made for the 1993-94 fiscal year and the 1994-95 fiscal year 
to create the Budget Modification Act of 1994, to increase the punishment under 
structured sentencing for first degree rape and first degree sexual offense, including life 
without parole for the aggravated range of prior record levels V and VI, to repeal the 
provisions in the Structured Sentencing Act that restricted the definition of habitual felon 
and lowered the punishment for an habitual felon from Class C to Class D, to provide 
that an enhanced sentence shall be imposed on a person convicted of a Class A through 
E felony if the person used, displayed, or threatened to use or display a firearm during 
the commission of the felony, and to provide that a firearm used in the commission of a 
felony shall be confiscated and disposed of as ordered by the court unless it can be 
established that the firearm is owned by someone other than the convicted defendant, to 
lower the age of juveniles who may be transferred to superior court from 14 to 13 years 
of age and to authorize the Juvenile Code Committee to study mandatory transfer of 
juveniles to superior court for serious felony offenses, to provide that upon a third 
conviction of certain violent felonies an offender is a violent habitual felon and shall be 
sentenced to life imprisonment without parole, unless the offender is sentenced to death 
for a capital offense, and re-referred to the Appropriations Committee, with an 
unfavorable report as to Committee Substitute bill No. 2, as amended, but favorable as to 
the Senate Committee Substitute bill. 

On motion of Senator Daniel, the rules are suspended, and the proposed Senate 
Committee Substitute bill 5259, which further changes the title, upon concurrence, to 
read H.B. 39 (Senate Committee Substitute), a bill to establish crime prevention and 
enhanced punishment initiatives, to amend the law to enhance crime control, and to 
appropriate funds for current operations and capital improvements to carry out the 
purposes of this act to increase the punishment for certain offenses, is placed before the 
Senate for immediate consideration. 

On motion of Senator Daniel, the Senate Committee Substitute bill is adopted, and on 
his further motion remains before the Senate for immediate consideration upon its passage. 

The Senate Committee Substitute bill passes its second (41-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill by special messenger. 



March 22, 1994 



1994] SENATE JOURNAL 13 1 

Without objection, Senator Kerr requests to be recorded voting "aye" on the third 
reading of the measure. The request is granted. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 
H.B. 39 House of Representatives 

(Senate Committee Substitute) March 22, 1994 

Mr. President: 

It is ordered that a message be sent to your Honorable Body with the information 
that the House fails to concur in the Senate Committee Substitute for HB 39, which 
proposes to change the title to, A BILL TO BE ENTITLED AN ACT TO 
ESTABLISH CRIME PREVENTION AND ENHANCED PUNISHMENT 
INITIATIVES, TO AMEND THE LAW TO ENHANCE CRIME CONTROL, AND 
TO APPROPRIATE FUNDS FOR CURRENT OPERATIONS AND CAPITAL 
IMPROVEMENTS TO CARRY OUT THE PURPOSES OF THIS ACT TO IN- 
CREASE THE PUNISHMENT FOR CERTAIN OFFENSES, and requests conferees. 

The Speaker has appointed Representatives Diamont, Nesbitt, Co-chairs; 
Representatives Barnes, H. Hunter, Holt, Black, Rogers, Nye, Easterling, Michaux, 
Redwine, Russell, Bowie, Dickson, Arnold, Gardner, Fitch and Hensley on the part of 
the House to confer with a like committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Basnight offers a motion that the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore takes the appointment of conferees under advisement. 

EXECUTIVE ORDER 

An Executive Order received (see Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 40, Amending Executive Order Number 9 Concerning 
the Commission for a Competitive North Carolina. 
Referred to Rules and Operation of the Senate Committee. 

APPOINTMENT OF CONFERENCE COMMITTEE 

H.B. 39 (Senate Committee Substitute), a bill to establish crime prevention and 
enhanced punishment initiatives, to amend the law to enhance crime control, and to 
appropriate funds for current operations and capital improvements to carry out the 
purposes of this act to increase the punishment for certain offenses. 

Pursuant to the message from the House of Representatives received earlier today, 
requesting conferees, and the motion of Senator Basnight to appoint conferees prevail- 
ing, the President Pro Tempore appoints Senators Daniel (Chairman), Plyler, Ballance, 
Cooper, Martin of Guilford, Shaw, Hartsell, Odom, Soles, Perdue, Cochrane, and 
Conder as conferees on the part of the Senate to act with a like committee from the 
House of Representatives to resolve the differences arising between the two Bodies. A 
message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

On motion of Senator Basnight, seconded by Senator Blackmon, the Senate adjourns 
at 5:20 P.M. to meet tomorrow, Wednesday, March 23, at 10:00 A.M. 



March 22, 1994 



132 SENATE JOURNAL [Extraordinary Session 

TWENTY-EIGHTH DAY 

Senate Chamber, 
Wednesday, March 23, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote from 
Matthew 26:39, as follows: 

"Gracious God, there are days in both our private and corporate lives when, weary 
from the struggle, we pray the Prayer of Gethsemane, 'Father if it be possible, take this 
cup from me.' 

"Out of the catharsis of that moment and the admission of our need for help, a 
miracle takes place. We find new strength, a new hope, a clearer vision. And with a 
strong resolve to continue the journey, we are able to conclude our prayer with the 
words, 'not my will, but Thy Will be done, O Lord.' Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 22, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

RECALL FROM COMMITTEE 

H.B. 145 (Senate Committee Substitute), a bill to amend the law regarding the 
concealment of merchandise in mercantile establishments, as rewritten by the Select 
Committee on Courts, changing the title upon concurrence, and re-referred to the 
Appropriations Committee on March 17. 

Senator Daniel offers a motion the Senate Committee Substitute bill be recalled from 
the Appropriations Committee and placed on the Calendar for today for consideration 
upon its passage, which motions prevail. 

The Chair recalls the Senate Committee Substitute bill from the Appropriations 
Committee and orders the measure placed on the Calendar for today for consideration 
upon its passage. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 150 House of Representatives 

(House Committee Substitute) March 22, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the Speaker has appointed Representatives Gardner, Fitch and Hensley as additional 
conferees to the conference committee on House Committee Substitute for Committee 
Substitute for SB 150, A BILL TO BE ENTITLED AN ACT TO ADJUST THE 
APPROPRIATIONS MADE FOR THE 1993-94 FISCAL YEAR AND THE 1994-95 
FISCAL YEAR TO CREATE THE BUDGET MODIFICATION ACT OF 1994. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

On motion of Senator Basnight, with unanimous consent, the Chair declares the 
Senate in recess for the purpose of committee meetings at 10:16 A.M. to reconvene 
at 12 M. 



March 23, 1994 



1994] SENATE JOURNAL 133 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

ENROLLED BILL 

The Enrolling Clerk reports Senate Bill 2 was presented for ratification in the Senate 
on March 22, 1994, and signed by the President of the Senate. The Enrolling Clerk 
appeared in the Chamber of the House of Representatives on March 22, 1994, to 
present the bill for signature by the Speaker, but was never called on. The Enrolling 
Clerk, consequently, resubmits the following bill and announces it properly enrolled, 
duly ratified, and sent to the Office of the Secretary of State: 

S.B. 2 (House Committee Substitute), an act to provide for life imprisonment with- 
out parole for first degree murder and to provide that, after a defendant has served 
twenty-five years of imprisonment and every two years thereafter, the defendant's 
sentence of life imprisonment without parole shall be reviewed by a resident Superior 
Court Judge for the county in which the defendant was convicted and the judge shall 
make a recommendation to the Governor or an executive agency designated by the 
Governor as to whether or not the defendant's sentence should be altered or commuted. 
(Ch. 21) 

With unanimous consent, the President grants a leave of absence for a portion of 
today's Session to Senator Soles and to Senator Marshall. 

On motion of Senator Sands, with unanimous consent, the Chair declares the Senate 
in recess for the purpose of committee meetings at 12:03 P.M. to reconvene at 
12:25 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

With no business to come before the Senate, on motion of Senator Basnight, the 
Chair declares the Senate in recess for the purpose of committee meetings at 
12:27 P.M. to reconvene at 4:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis 
A. Wicker, Lieutenant Governor. 

Senator Marshall announces her presence in the Chamber and requests to withdraw 
her leave of absence, which request is granted. 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Winner of Mecklenburg. 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

A bill on the Calendar is taken up and disposed of, as follows: 



March 23, 1994 



134 SENATE JOURNAL [Extraordinary Session 

H.B. 145 (Senate Committee Substitute), a bill to amend the law regarding the 
concealment of merchandise in mercantile establishments, earlier today recalled from 
the Appropriations Committee and placed on the Calendar for consideration upon its 
passage. 

On motion of Senator Basnight, consideration of the Senate Committee Substitute 
bill is postponed until tomorrow, Thursday, March 24. 

On motion of Senator Basnight, seconded by Senator Tally, the Senate adjourns at 
4:15 P.M. to meet tomorrow, Thursday, March 24, at 10:00 A.M. 



TWENTY-NINTH DAY 

Senate Chamber, 
Thursday, March 24, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"It is not our brothers or sisters or our friends, but it is we, O Lord, who stand in 
need of prayer today. Much as we would like to see unanimity in the Legislature, we 
remember that You have promised that if any two are agreed, You will answer our 
prayers. 

"So let us not be discouraged by disagreement, but rather let us hope in the prayers 
uttered here by a few. Then we may serve ably as Your ambassadors and as bridges 
in the process to move us forward. Hear our prayer and respond. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 23, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Sena- 
tor Sands and to Senator Martin of Pitt. 

With no business to come before the Senate, on motion of Senator Odom, the Chair 
declares the Senate in recess for the purpose of a committee meeting at 10:04 A.M. to 
reconvene at 10:10 A.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Marc 
Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

REPORT OF COMMITTEE 

A bill is reported from a select committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 



March 24, 1994 



1994] SENATE JOURNAL 135 

By Senator Odom for the Select Committee on Corrections/Punishment: 

H.B. 128 (Committee Substitute), a bill to make it a misdemeanor for a person to 
willfully make a false, misleading, or unfounded report to a law enforcement agency or 
officer, with an unfavorable report as to Committee Substitute bill, but favorable as to 
Senate Committee Substitute bill. 

On motion of Senator Odom, the rules are suspended, and the proposed Senate 
Committee Substitute bill 4262, which changes the title, upon concurrence, to read 
H.B. 128 (Senate Committee Substitute), a bill to amend the law to enhance crime 
control and to increase the punishment for certain offenses, is placed before the Senate 
for immediate consideration. 

On motion of Senator Odom, the Senate Committee Substitute bill is adopted, and 
on his further motion the measure remains before the Senate for further consideration 
upon its passage. 

The Senate Committee Substitute bill passes its second reading (39-1) and third reading 
(37-1) and is ordered sent to the House of Representatives, for concurrence in the Senate 
Committee Substitute bill which changes the title upon concurrence, by special messenger. 

Senator Harris rises and announces that the North Carolina Council of Women 
bestowed on the Honorable Mary P. Seymour, Senator from Guilford County, the 
Distinguished Woman of North Carolina Award. The Senate acknowledges the an- 
nouncement with a warm, standing ovation. 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

H.B. 145 (Senate Committee Substitute), a bill to amend the law regarding the 
concealment of merchandise in mercantile establishments. 

On motion of Senator Cooper, the Senate Committee Substitute bill is recommitted 
to the Select Committee on Courts. 

The Senate receives an oral report from Senator Ballance, Chairman of the Confer- 
ence Committee on H.B. 8 (Senate Committee Substitute), a bill to prohibit the posses- 
sion of firearms and weapons of mass death and destruction by felons. (See Appendix) 

The Senate receives an oral report from Senator Daniel, Chairman of the Conference 
Committee on S.B. 150 (House Committee Substitute), a bill to adjust the 
appropriations made for the 1993-94 fiscal year and the 1994-95 fiscal year to create 
the Budget Modification Act of 1994, and H.B. 39 (Senate Committee Substitute), a 
bill to establish crime prevention and enhanced punishment initiatives, to amend the 
law to enhance crime control, and to appropriate funds for current operations and 
capital improvements to carry out the purposes of this act to increase the punishment 
for certain offenses. (See Appendix) 

On motion of Senator Daniel, with unanimous consent, the Chair declares the Senate 
in recess at 10:24 A.M. to reconvene at 2:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Marc 
Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

The Senate receives an oral report from Senator Daniel, Chairman of the Conference 
Committee on S.B. 150 (House Committee Substitute), a bill to adjust the 
appropriations made for the 1993-94 fiscal year and the 1994-95 fiscal year to create 
the Budget Modification Act of 1994, and H.B. 39 (Senate Committee Substitute), a 
bill to establish crime prevention and enhanced punishment initiatives, to amend the 
law to enhance crime control, and to appropriate funds for current operations and 
capital improvements to carry out the purposes of this act to increase the punishment 
for certain offenses. (See Appendix) 



March 24, 1994 



136 SENATE JOURNAL [Extraordinary Session 

With unanimous consent, the President grants a leave of absence for the remainder 
of today's Session to Senator Kerr and to Senator Smith. 

With no business to come before the Senate, on motion of Senator Daniel, the Chair 
declares the Senate in recess for the purpose of a committee meeting at 2:40 P.M. to 
reconvene at 4:30 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Marc 
Basnight, President Pro Tempore, who presides in the absence of the Lieutenant Gover- 
nor. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it and takes its place on the 
Calendar, as follows: 

By Senator Martin of Guilford for the Select Committee on Juveniles/Prevention: 

H.B. 110 (Committee Substitute), a bill to increase the time within which hearings 
for juveniles in custody take place, to provide for waiver of hearings on continued 
custody, to lengthen time of temporary custody of juveniles without an order, and to 
allow placement of juveniles by the Department of Social Services, with an unfavorable 
report as to Committee Substitute bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Martin of Guilford, the proposed Senate Committee Substitute 
bill 4263 is placed before the Senate for immediate consideration, and on his further 
motion is adopted. 

Pursuant to Rule 43, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

On motion of Senator Soles, seconded by Senator Johnson, the Senate adjourns at 
5:52 P.M. to meet tomorrow, Friday, March 25, at 10:00 A.M. 



THIRTIETH DAY 

Senate Chamber, 
Friday, March 25, 1994. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear Lord, Scripture reminds us that Lazarus was dead and had been in the tomb 
four days when Jesus finally arrived. Mary and Martha, the sisters of Lazarus, imme- 
diately confronted him saying, 'Rabbi, if you had come when we asked You, our 
brother would not have died.' 

"A few minutes later their indictment became moot because Lazarus was resurrected 
from the dead. 

"When our inclination during difficult times is to blame others or You, O Lord, we 
also have the option of saying by faith, 'raise Lazarus.' Amen." 



March 25, 1994 



1994] SENATE JOURNAL 137 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Thursday, March 24, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, Senator Basnight, President Pro Tempore, grants leaves of 
absence for today to Senator Blackmon, who is attending a previously planned business 
meeting; to Senator Folger, to Senator Forrester, who is covering his medical practice; to 
Senator Gunter; to Senator Kerr, who relinquishes his salary and subsistence for today; to 
Senator Martin of Pitt; to Senator Smith; the Senator Winner of Buncombe, who is attend- 
ing court; to Senator Winner of Mecklenburg; and to Senator Johnson. 

Senator Daniel rises and offers an oral report from the Conference Committee on 
S.B. 150 (Committee Substitute), a bill to establish crime prevention and enhanced 
punishment initiatives, to amend the law to enhance crime control, and to appropriate 
funds for current operations and capital improvements to carry out the purposes of this 
act, which House Committee Substitute bill proposes, upon concurrence, to change the 
title to S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made 
for the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modifica- 
tion Act of 1994, and on H.B. 39 (Committee Substitute No. 2), a bill to adjust the 
appropriations made for the 1993-94 fiscal year and the 1994-95 fiscal year to create 
the Budget Modification Act of 1994, to increase the punishment under structured 
sentencing for first degree rape and first degree sexual offense, including life without 
parole for the aggravated range of prior record levels V and VI, to repeal the provi- 
sions in the Structured Sentencing Act that restricted the definition of habitual felon 
and lowered the punishment for an habitual felon from Class C to Class D, to prohibit 
the possession of firearms and weapons of mass death and destruction by felons, to 
provide that an enhanced sentence shall be imposed on a person convicted of a Class 
A through E felony if the person used, displayed, or threatened to use or display a 
firearm during the commission of the felony, and to provide that a firearm used in the 
commission of a felony shall be confiscated and disposed of as ordered by the court 
unless it can be established that the firearm is owned by someone other than the 
convicted defendant, to lower the age of juveniles who may be transferred to superior 
court from 14 to 13 years of age and to authorize the Juvenile Code Committee to 
study mandatory transfer of juveniles to superior court for serious felony offenses, to 
provide that upon a third conviction of certain violent felonies an offender is a violent 
habitual felon and shall be sentenced to life imprisonment without parole, unless the 
offender is sentenced to death for a capital offense, which Senate Committee Substitute 
proposes, upon concurrence, to change the title to H.B. 39 (Senate Committee Substi- 
tute), a bill to establish crime prevention and enhanced punishment initiatives, to 
amend the law to enhance crime control, and to appropriate funds for current opera- 
tions and capital improvements to carry out the purposes of this act to increase the 
punishment for certain offenses. (See Appendix) 

On motion of Senator Daniel, the Chair declares the Senate in recess at 10:14 A.M. 
to reconvene at 11:00 A.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Soles, Deputy 
President Pro Tempore, who presides. 

With no business to come before the Senate, on motion of Senator Sands, the Chair 
declares the Senate in recess at 11:13 A.M. for the purpose of committee meetings to 
reconvene at 12:00 M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Soles, Deputy 
President Pro Tempore. 



March 25, 1994 



138 SENATE JOURNAL [Extraordinary Session 

Senator Soles, Deputy President Pro Tempore relinquishes the gavel to Senator 
Basnight, President Pro Tempore, who presides. 

With unanimous consent, the Chair grants a leave of absence for the remainder of 
today's Session to Senator Harris for business reasons. 

With no business to come before the Senate, on motion of Senator Daniel, the Chair 
declares the Senate in recess at 1:13 P.M. to reconvene at 4:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Basnight, 
President Pro Tempore, who presides. 

Senator Gunter and Senator Johnson announce their presence in the Chamber, and 
with unanimous consent withdraw leaves of absence granted earlier today. 

COURTESIES 

Upon motion of Senator Tally of Cumberland County, the Chair extends courtesies of 
the gallery to Russian students from the City of Ivanovo, Russia, who are visiting North 
Carolina sponsored by Friends of the Renaissance; and to Ms. Sonja Rothstein and Mr. Bill 
Flowers of Fayetteville who are project coordinators. The students are, as follows: Alexey 
Savelyev, Marina Zaitseva, Alexander Belonosov, Roman Shorin, Olga Gladkova, Lyudmila 
Turkina, Andrey Obreskhov, Tatyana Taganova, Igor Ioffer, Innna Novoselsky, Dr. Sasah 
Novoselsky, Marina Bolshakova, Anna Yevstropova, and Yelena Karpova. 

The Chair grants permission to Senator Gulley, Senator Conder, Senator Odom, and 
Senator Marshall to direct inquiries to the guests about their visit to North Carolina. 

The guests respond as to their favorable impressions of the free enterprise system 
and democracy at work. 

With unanimous consent, Senator Basnight, President Pro Tempore, directs the Ser- 
geant-at-Arms to escort the guests to the Well of the Senate. Courtesies of the floor 
are extended to the group and Senator Basnight appoints those Senators present not 
seeking re-election to the North Carolina Senate to present the North Carolina State 
Flag to the guests. 

Senator Johnson, Senator Richardson, Senator Sands, Senator Seymour, and Senator 
Tally proceed to the Well of the Senate and present the North Carolina State Flag. 
Senator Johnson explains the history and symbols of the flag during the presentation. 

The group responds by performing a Russian song and dance, with Senator 
Basnight, Senator Gulley, Senator Lucas, and Ms. Mary Perry, Assistant Sergeant-at- 
Arms, participating. 

Senator Albertson presents a gift of North Carolina peanuts to the guests. 

Senator Basnight accepts accolades from the guests on behalf of the Senate and 
directs the Sergeant-at-Arms to escort the group from the Chamber. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 128 House of Representatives 

(Senate Committee Substitute) March 25, 1994 

Mr. President: 

It is ordered that a message be sent to your Honorable Body with the information 
that the House fails to concur in the Senate Committee Substitute for Committee 
Substitute for HB 128, A BILL TO BE ENTITLED AN ACT TO AMEND THE 
LAW TO ENHANCE CRIME CONTROL AND TO INCREASE THE 



March 25, 1994 



1994] SENATE JOURNAL 139 

PUNISHMENT FOR CERTAIN OFFENSES, and requests conferees. The Speaker has 
appointed Representative Michaux, Representative Holt, and Representative Flaherty on 
the part of the House to confer with a like committee appointed by the Senate to the 
end the differences arising may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Sands offers a motion that the Senate do appoint conferees, which motion 
prevails. 

The President Pro Tempore appoints Senators Odom (Chairman), Senator Ballance, Sena- 
tor Marshall, Senator Hartsell, and Senator Sands as conferees on the part of the Senate to 
resolve the differences arising between the two Bodies and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

Senator Daniel rises and offers an oral report from the Conference Committees on 
S.B. 150 (Committee Substitute), a bill to establish crime prevention and enhanced 
punishment initiatives, to amend the law to enhance crime control, and to appropriate 
funds for current operations and capital improvements to carry out the purposes of this 
act, which House Committee Substitute proposes, upon concurrence, to change the title 
to S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made for 
the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification 
Act of 1994, and H.B. 39 (Committee Substitute No. 2), a bill to adjust the appropri- 
ations made for the 1993-94 fiscal year and the 1994-95 fiscal year to create the 
Budget Modification Act of 1994, to increase the punishment under structured sentenc- 
ing for first degree rape and first degree sexual offense, including life without parole 
for the aggravated range of prior record levels V and VI, to repeal the provisions in 
the Structured Sentencing Act that restricted the definition of habitual felon and low- 
ered the punishment for an habitual felon from Class C to Class D, to prohibit the 
possession of firearms and weapons of mass death and destruction by felons, to pro- 
vide that an enhanced sentence shall be imposed on a person convicted of a Class A 
through E felony if the person used, displayed, or threatened to use or display a 
firearm during the commission of the felony, and to provide that a firearm used in the 
commission of a felony shall be confiscated and disposed of as ordered by the court 
unless it can be established that the firearm is owned by someone other than the 
convicted defendant, to lower the age of juveniles who may be transferred to superior 
court from 14 to 13 years of age and to authorize the Juvenile Code Committee to 
study mandatory transfer of juveniles to superior court for serious felony offenses, to 
provide that upon a third conviction of certain violent felonies an offender is a violent 
habitual felon and shall be sentenced to life imprisonment without parole, unless the 
offender is sentenced to death for a capital offense, which Senate Committee Substitute 
proposes, upon concurrence, to change the title to read H.B. 39 (Senate Committee 
Substitute), a bill to establish crime prevention and enhanced punishment initiatives, to 
amend the law to enhance crime control, and to appropriate funds for current opera- 
tions and capital improvements to carry out the purposes of this act to increase the 
punishment for certain offenses. (See Appendix) 

On motion of Senator Conder, the Chair declares the Senate in recess at 5:10 P.M. 
to reconvene at 7:00 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by Senator Soles, Deputy 
President Pro Tempore, who presides. 

With no business to come before the Senate, with unanimous consent, the Chair 
declares the Senate in recess at 7:07 P.M. to reconvene at 8:30 P.M. 



March 25, 1994 



140 SENATE JOURNAL [Extraordinary Session 

RECESS 

The Senate meets pursuant to recess and is called to Senator Basnight, President Pro 
Tempore, who presides. 

INTRODUCTION OF JOINT RESOLUTION 

A joint resolution filed for introduction is presented to the Senate, read the first time, 
and disposed of, as follows: 

By Senator Sands: 

SJ.R. 178, a joint resolution adjourning the 1994 Extra Session sine die. 
On motion of Senator Sands, the joint resolution is placed on the Calendar for today 
for consideration upon its passage. 

RECALL FROM COMMITTEE 

H.B. 110 (Senate Committee Substitute), a bill to increase the time within which 
hearings for juveniles in custody take place, to provide for waiver of hearings on 
continued custody, to lengthen time of temporary custody of juveniles without an 
order, and to allow placement of juveniles by the Department of Social Services, as 
rewritten by the Select Committee on Juveniles/Prevention and re-referred to the 
Appropriations Committee on March 24. 

Pursuant to Rule 47(b), Senator Daniel offers a motion that the Senate Committee 
Substitute bill be recalled from the Appropriations Committee and placed on the 
Calendar for today upon its passage, which motions prevail. 

The Chair orders the Senate Committee Substitute bill taken from the Appropri- 
ations Committee and upon motion of Senator Johnson, placed before the Senate for 
immediate consideration. 

The Chair subsequently orders the Senate Committee Substitute bill temporarily dis- 
placed. 

CONFERENCE REPORT 

H.B. 39 (Senate Committee Substitute) 

Senator Daniel, for the Conferees appointed to consider the differences arising between 
the Senate and the House of Representatives upon H.B. 39 (Committee Substitute No. 2), 
a bill to adjust the appropriations made for the 1993-94 fiscal year and the 1994-95 fiscal 
year to create the Budget Modification Act of 1994, to increase the punishment under 
structured sentencing for first degree rape and first degree sexual offense, including life 
without parole for the aggravated range of prior record levels V and VI, to repeal the 
provisions in the Structured Sentencing Act that restricted the definition of habitual felon 
and lowered the punishment for an habitual felon from Class C to Class D, to prohibit the 
possession of firearms and weapons of mass death and destruction by felons, to provide that 
an enhanced sentence shall be imposed on a person convicted of a Class A through E 
felony if the person used, displayed, or threatened to use or display a firearm during the 
commission of the felony, and to provide that a firearm used in the commission of a 
felony shall be confiscated and disposed of as ordered by the court unless it can be estab- 
lished that the firearm is owned by someone other than the convicted defendant, to lower 
the age of juveniles who may be transferred to superior court from 14 to 13 years of age 
and to authorize the Juvenile Code Committee to study mandatory transfer of juveniles to 
superior court for serious felony offenses, to provide that upon a third conviction of certain 
violent felonies an offender is a violent habitual felon and shall be sentenced to life impris- 



March 25, 1994 



1994] SENATE JOURNAL 141 

onment without parole, unless the offender is sentenced to death for a capital offense, and 
the Senate Committee Substitute bill which proposes to change the title, upon concurrence, 
to read H.B. 39 (Senate Committee Substitute), a bill to establish crime prevention and 
enhanced punishment initiatives, to amend the law to enhance crime control, and to ap- 
propriate funds for current operations and capital improvements to carry out the purposes of 
this act to increase the punishment for certain offenses, submits the following report 

To the President of the Senate and the 
Speaker of the House of Representatives: 

The conferees appointed to resolve the differences between the Senate and the House 
of Representatives on House Bill 39, A BILL TO BE ENTITLED AN ACT TO 
ESTABLISH CRIME PREVENTION AND ENHANCED PUNISHMENT INI- 
TIATIVES, TO AMEND THE LAW TO ENHANCE CRIME CONTROL, AND TO 
APPROPRIATE FUNDS FOR CURRENT OPERATIONS AND CAPITAL IM- 
PROVEMENTS TO CARRY OUT THE PURPOSES OF THIS ACT TO INCREASE 
THE PUNISHMENT FOR CERTAIN OFFENSES, Senate Appropriations Committee 
Substitute Adopted 3/22/94, Fourth Edition, submit the following report: 

The House of Representatives and the Senate agree to the following amendment to 
the Senate Appropriations Committee Substitute Adopted 3/22/94, Fourth Edition, and 
the House concurs in the Senate Appropriations Committee Substitute Adopted 
3/22/94, Fourth Edition: 

Delete the entire Senate Appropriations Committee Substitute Adopted 3/22/94, Fourth Edi- 
tion, and substitute the attached Proposed Conference Committee Substitute PCCS 5261. 

The conferees recommend that the Senate and House of Representatives adopt this 
report. 

Date conferees approved report: March 25, 1994. 

S/George B. Daniel, Chairman S/Martin Nesbitt, CoChair 

S/Frank W. Ballance, Jr. David Diamont, CoChair 

S/Betsy L. Cochrane S/Anne C. Barnes 

S/Roy A. Cooper, III S/Howard Hunter 

S/William N. Martin S/B. Holt 

S/T. L. Odom S/James B. Black 

S/Beverly M. Perdue S/Gene Rogers 

S/Aaron W. Plyler S/Edd Nye 

S/Robert G. Shaw S/Ruth M. Easterling 

S/R. C. Soles, Jr. S/H. M. Michaux, Jr. 

S/Fletcher L. Hartsell, Jr. S/David Redwine 

S/J. Richard Conder S/Carolyn B. Russell 

S/Joanne W. Bowie 
S/Dub Dickson 
S/Gene G. Arnold 
S/R. J. Hensley, Jr. 
S/Charlotte A. Gardner 
S/Milton F. Fitch, Jr. 
Conferees for the Senate Conferees for the 

House of Representatives 
The text of the attached Proposed Conference Committee Substitute PCCS 5261, 
which changes the title, is as follows: 

A BILL TO BE ENTITLED AN ACT TO ESTABLISH CRIME PREVENTION AND 
ENHANCED PUNISHMENT INITIATIVES, AND TO AMEND THE LAW TO 
ENHANCE CRIME CONTROL. 

The General Assembly of North Carolina enacts: 



March 25, 1994 



142 SENATE JOURNAL [Extraordinary Session 

PART 1. TITLE OF ACT 

Section 1. This act shall be known as the Crime Control Act of 1994. 
PART 2. BRUTAL RAPE SENTENCES 

Sec. 2. G.S. 14-27.2(b) reads as rewritten: 

"(b) Any person who commits an offense defined in this section is guilty of a Class 
S M felony." 

Sec. 3. G.S. 14-27 .4(b) reads as rewritten: 

"(b) Any person who commits an offense defined in this section is guilty of a Class 
S M felony." 

Sec. 4. G.S. 14-17, as amended by Section 1127 of Chapter 539 of the 1993 
Session Laws, reads as rewritten: 
"§ 14-17. Murder in the first and second degree defined; punishment. 

A murder which shall be perpetrated by means of poison, lying in wait, imprison- 
ment, starving, torture, or by any other kind of willful, deliberate, and premeditated 
killing, or which shall be committed in the perpetration or attempted perpetration of 
any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony com- 
mitted or attempted with the use of a deadly weapon shall be deemed to be murder in 
the first degree, a Class A felony, and any person who commits such murder shall be 
punished with death or imprisonment in the State's prison for life as the court shall 
determine pursuant to G.S. 15A-2000, except that any such person who was under 17 
years of age at the time of the murder shall be punished with imprisonment in the 
State's prison for life. Provided, however, any person under the age of 17 who 
commits murder in the first degree while serving a prison sentence imposed for a prior 
murder or while on escape from a prison sentence imposed for a prior murder shall be 
punished with death or imprisonment in the State's prison for life as the court shall 
determine pursuant to G.S. 15A-2000. All other kinds of murder, including that 
which shall be proximately caused by the unlawful distribution of opium or any syn- 
thetic or natural salt, compound, derivative, or preparation of opium, or cocaine or 
other substance described in G.S. 90-90(a)4., when the ingestion of such substance 
causes the death of the user, shall be deemed murder in the second degree, and any 
person who commits such murder shall be punished as a Class B B2 felon." 

Sec. 5. G.S. 14-20, as amended by Section 1129 of Chapter 539 of the 1993 
Session Laws, reads as rewritten: 
"§ 14-20. Killing adversary in duel; aiders and abettors declared accessories. 

If any person fight a duel in consequence of a challenge sent or received, and either 
of the parties shall be killed, then the survivor, on conviction thereof, shall be punished 
as a Class B- B2 felon. All their aiders and abettors shall be considered accessories 
before the fact. 

Any person charged with killing an adversary in a duel may enter a plea of guilty 
to said charge in the same way and manner and under the conditions and restrictions 
set forth in G.S. 15-162.1 relating to pleas of guilty for first degree murder, first 
degree burglary, arson and rape." 

Sec. 6. G.S. 14-5.2 reads as rewritten: 
"§ 14-5.2. Accessory before fact punishable as principal felon. 

All distinctions between accessories before the fact and principals to the commission of a 
felony are abolished. Every person who heretofore would have been guilty as an accessory 
before the fact to any felony shall be guilty and punishable as a principal to that felony. 
However, if a person who heretofore would have been guilty and punishable as an acces- 
sory before the fact is convicted of a capital felony, and the jury finds that his conviction 
was based solely on the uncorroborated testimony of one or more principals, coconspira- 
tors, or accessories to the crime, he shall be guilty of a Class U B2 felony." 

Sec. 7. G.S. 15A-1340.17, as enacted by Section 1 of Chapter 538 of the 
1993 Session Laws and as amended by Sections 20 and 21 of Chapter 14 of the 
Session Laws of the 1994 Extra Session, reads as rewritten: 



March 25, 1994 



1994] 



SENATE JOURNAL 



143 



"§ 15A-1340.17. Punishment limits for each class of offense and prior record 
level. 

(a) Offense Classification; Default Classifications. — The offense classification is as 
specified in the offense for which the sentence is being imposed. If the offense is a 
felony for which there is no classification, it is a Class I felony. 

(b) Fines. — Any judgment that includes a sentence of imprisonment may also 
include a fine. If a community punishment is authorized, the judgment may consist of 
a fine only. Additionally, when the defendant is other than an individual, the judgment 
may consist of a fine only. Unless otherwise provided, the amount of the fine is in the 
discretion of the court. 

(c) Punishments for Each Class of Offense and Prior Record Level; Punishment 
Chart Described. — The authorized punishment for each class of offense and prior 
record level is as specified in the chart below. Prior record levels are indicated by the 
Roman numerals placed horizontally on the top of the chart. Classes of offense are 
indicated by the letters placed vertically on the left side of the chart. Each cell on the 
chart contains the following components: 

(1) A sentence disposition or dispositions: 'C indicates that a community 
punishment is authorized; T indicates that an intermediate punishment is 
authorized; an4 'A' indicates that an active punishment is authoriz e d. 
authorized: and 'Life Imprisonment Without Parole ' indicates that the 
defendant shall be imprisoned for the remainder of the prisoner's natural 
life. 

(2) A presumptive range of minimum durations, if the sentence of imprison- 
ment is neither aggravated or mitigated; any minimum term of imprison- 
ment in that range is permitted unless the court finds pursuant to G.S. 
15A-1340.16 that an aggravated or mitigated sentence is appropriate. 
The presumptive range is the middle of the three ranges in the cell. 

(3) A mitigated range of minimum durations if the court finds pursuant to 
G.S. 15A-1340.16 that a mitigated sentence of imprisonment is justified; 
in such a case, any minimum term of imprisonment in the mitigated 
range is permitted. The mitigated range is the lower of the three ranges 
in the cell. 

(4) An aggravated range of minimum durations if the court finds pursuant 
to G.S. 15A-1340.16 that an aggravated sentence of imprisonment is 
justified; in such a case, any minimum term of imprisonment in the 
aggravated range is permitted. The aggravated range is the higher of the 
three ranges in the cell. 

PRIOR RECORD LEVEL 



I 
Pts 



n 

1-4 Pts 



ni 

5-8 Pts 



IV 
9-14 Pts 



V 

15-18 Pts 



VI 
19+ pts 



Life Imprisonment or Death as Established by Statute 



A A A A A A DISPOSITION 

240-300 288-360 336-420 384-480 Life Imprisonment Ag gravated 

Without Parole 
Bl 192-240 230-288 269-336 307-384 346^33 384-480 PRESUMPTIVE 
144-192 173-230 202-269 230-307 260-346 288-384 Mitigated 



A A A A A 

135-169 163-204 190-238 216-270 243-304 

&B2 108-135 130-163 152-190 173-216 194-243 

81-108 98-130 114-152 130-173 146-194 



A DISPOSITION 
270-338 Aggravated 
216-270 PRESUMPTIVE 
162-216 Mitigated 



March 25, 1994 



144 



SENATE JOURNAL 



[Extraordinary Session 





A 

63-79 


A 

86-108 


A 

100-125 


A 

115-144 


A 

130-162 


c 


50-63 


69-86 


80-100 


92-115 


104-130 




38-50 


52-69 


60-80 


69-92 


78-104 



A DISPOSITION 
145-181 Aggravated 

116-145 PRESUMPTIVE 
87-116 Mitigated 





A 


A 


A 


A 


A 


A DISPOSITION 




55-69 


66-82 


89-111 


101-126 


115-144 


126-158 Aggravated 


D 


44-55 


53^66 


71-89 


81-101 


92-115 


101-126 PRESUMPTIVE 




33^4 


40-53 


53-71 


61-81 


69-92 


76-101 Mitigated 




I/A 


I/A 


A 


A 


A 


A DISPOSITION 




25-31 


29-36 


3^42 


46-58 


53-66 


59-74 Aggravated 


E 


20-25 


23-29 


27-34 


37-46 


42-53 


47-59 PRESUMPTIVE 




15-20 


17-23 


20-27 


28-37 


32-42 


35-47 Mitigated 





I/A 


I/A 


I/A 


A 


A 


A 


DISPOSITION 




16-20 


19-24 


21-26 


25-31 


34-42 


39-49 


Aggravated 


F 


13-16 


15-19 


17-21 


20-25 


27-34 


31-39 


PRESUMPTIVE 




10-13 


11-15 


13-17 


15-20 


20-27 


23-31 


Mitigated 




I/A 


I/A 


I/A 


VA 


A 


A 


DISPOSITION 




13-16 


15-19 


16-20 


20-25 


21-26 


29-36 


Aggravated 


G 


10-13 


12-15 


13-16 


16-20 


17-21 


23-29 


PRESUMPTIVE 




8-10 


9-12 


10-13 


12-16 


13-17 


17-23 


Mitigated 




C/I 


I 


I/A 


I/A 


VA 


A 


DISPOSITION 




6-8 


8-10 


10-12 


11-14 


15-19 


20-25 


Aggravated 


H 


5-6 


6-8 


8-10 


9-11 


12-15 


16-20 


PRESUMPTIVE 




4-5 


4-6 


6-8 


7-9 


9-12 


12-16 


Mitigated 




C 


C/I 


I 


VA 


I/A 


VA 


DISPOSITION 




6-8 


6-8 


6-8 


8-10 


9-11 


10-12 


Aggravated 


I 


4-6 


4-6 


5-6 


6-8 


7-9 


8-10 


PRESUMPTIVE 




3-4 


3^ 


4-5 


4-6 


5-7 


6-8 


Mitigated 



(d) Maximum Sentences Specified for Class F through Class I Felonies. — Unless 
provided otherwise in a statute establishing a punishment for a specific crime, for each 
minimum term of imprisonment in the chart in subsection (c) of this section, expressed 
in months, the corresponding maximum term of imprisonment, also expressed in 
months, is as specified in the table below for Class F through Class I felonies. The 
first figure in each cell in the table is the minimum term and the second is the 
maximum term. 

3_4 4-5 5-6 6-8 7-9 8-10 9-11 10-12 

11-14 12-15 13-16 14-17 15-18 16-20 17-21 18-22 

19-23 20-24 21-26 22-27 23-28 24-29 25-30 26-32 
27-33 28-34 29-35 30-36 31-38 32-39 33-40 34-41 
35^2 36-44 37-45 38^6 39^7 40-48 41-50 42-51 
43_52 44-53 45-54 46-56 47-57 48-58 49-59 

(e) Maximum Sentences Specified for Class S Bi through Class E Felonie s . Felo- 
nies for Minimum Terms up to 339 Months. — Unless provided otherwise in a statute 
establishing a punishment for a specific crime, for each minimum term of imprison- 
ment in the chart in subsection (c) of this section, expressed in months, the correspond- 
ing maximum term of imprisonment, also expressed in months, is as specified in the 
table below for Class U 111 through Class E felonies. The first figure in each cell of 
the table is the minimum term and the second is the maximum term. 



March 25, 1994 



1994] 



SENATE JOURNAL 



145 



15-27 


16-29 


17-30 


18-31 


19-32 


20-33 


21-35 


22-36 


23-37 


24-38 


25-39 


26-41 


27-42 


28-43 


29-44 


30-45 


31-47 


32-48 


33^9 


34-50 


35-51 


36-53 


37-54 


38-55 


39-56 


40-57 


41-59 


42-60 


43-61 


44-62 


45-63 


46-65 


47-66 


48-67 


49-68 


50-69 


51-71 


52-72 


53-73 


54-74 


55-75 


56-77 


57-78 


58-79 


59-80 


60-81 


61-83 


62-84 


63-85 


64-86 


65-87 


66-89 


67-90 


68-91 


69-92 


70-93 


71-95 


72-96 


73-97 


74-98 


75-99 


76-101 


77-102 


78-103 


79-104 


80-105 . 


81-107 


82-108 


83-109 


84-110 


85-111 


86-113 


87-114 


88-115 


89-116 


90-117 


91-119 


92-120 


93-121 


94-122 


95-123 


96-125 


97-126 


98-127 


99-128 


100-129 


101-131 


102-132 


103-133 


104-134 


105-135 


106-137 


107-138 


108-139 


109-140 


110-141 


111-143 


112-144 


113-145 


114-146 


115-147 


116-149 


117-150 


118-151 


119-152 


120-153 


121-155 


122-156 


123-157 


124-158 


125-159 


126-161 


127-162 


128-163 


129-164 


130-165 


131-167 


132-168 


133-169 


134-170 


135-171 


136-173 


137-174 


138-175 


139-176 


140-177 


141-179 


142-180 


143-181 


144-182 


145-183 


146-185 


147-186 


148-187 


149-188 


150-189 


151-191 


152-192 


153-193 


154-194 


155-195 


156-197 


157-198 


158-199 


159-200 


160-201 


161-203 


162-204 


163-205 


164-206 


165-207 


166-209 


167-210 


168-211 


169-212 


170-213 


171-215 


172-216 


173-217 


174-218 


175-219 


176-221 


177-222 


178-223 


179-224 


180-225 


181-227 


182-228 


183-229 


184-230 


185-231 


186-233 


187-234 


188-235 


189-236 


190-237 


191-239 


192-240 


193-241 


194-242 


195-243 


196-245 


197-246 


198-247 


199-248 


200-249 


201-251 


202-252 


203-253 


204-254 


205-255 


206-257 


207-258 


208-259 


209-260 


210-261 


211-263 


212-264 


213-265 


214-266 


215-267 


216-269 


217-270 


218-271 


219-272 


220-273 


221-275 


222-276 


223-277 


224-278 


225-279 


226-281 


227-282 


228-283 


229-284 


230-285 


231-287 


232-288 


233-289 


234-290 


235-291 


236-293 


237-294 


238-295 


239-296 


240-297 


241-299 


242-300 


243-301 


244-302 


245-303 


246-305 


247-306 


248-307 


249-308 


250-309 


251-311 


252-312 


253-313 


254-314 


255-315 


256-317 


257-318 


258-319 


259-320 


260-321 


261-323 


262-324 


263-325 


264-326 


265-327 


266-329 


267-330 


268-331 


269-332 


270-333 


271-335 


272-336 


273-337 


274-338 


275-339 


276-341 


277-342 


278-343 


279-344 


280-345 


281-347 


282-348 


283-349 


284-350 


285-351 


286-353 


287-354 


288-355 


289-356 


290-357 


291-359 


292-360 


293-361 


294-362 


295-363 


296-365 


297-366 


298-367 


299-368 


300-369 


301-371 


302-372 


303-373 


304-374 


305-375 


306-377 


307-378 


308-379 


309-380 


310-381 


311-383 


312-384 


313-385 


314-386 


315-387 


316-389 


317-390 


318-391 


319-392 


320-393 


321-395 


322-396 


323-397 


324-398 


325-399 


326^401 


327-402 


328-403 


329-404 


330-405 


331-407 


332-408 


333-409 


334-410 


335-411 


336-413 


337-414 


338-415 


339-416 









(el) Maximum Sentences Specified for Class Bl through Class E Felonies for 
Minimum Terms of 340 Months or More. — Unless provided otherwise in a statute 
establishing a punishment for a specific crime, when the minimum sentence is 340 
months or more, the co rresponding maxjmym term of imprisonment shall be equal to 
the sum of the minimum term of imprisonment and twenty percent (20%) of the 
minimum term of imprisonment, rounded to the next highest month, plus nine addi- 
tional months." 



March 25, 1994 



146 SENATE JOURNAL [Extraordinary Session 

Sec. 8. G.S. 15 A-l 368.1, as enacted by Section 20.1 of Chapter 538 of the 
1993 Session Laws and as amended by Section 26 of Chapter 14 of the Session Laws 
of the 1994 Extra Session, reads as rewritten: 
"§ 15A-1368.1. Applicability of Article 84A. 

This Article applies to all felons in Class B Bl through Class E sentenced to an 
active punishment under Article 8 IB of this Chapt e r. Chapter, but does not apply to 
felons in Class Bl sentenced to life imprisonment without parole. Prisoners subject to 
Articles 85 and 85A of this Chapter are excluded from this Article's coverage." 

Sec. 9. G.S. 15 A-l 340. 13(h), as enacted by Section 1 of Chapter 538 of the 
1993 Session Laws and as amended by Section 19 of Chapter 14 of the Session Laws 
of the 1994 Extra Session, reads as rewritten: 

"(h) Exceptions When Extraordinary Mitigation Shall Not Be Used. — The court 
shall not impose an intermediate sanction pursuant to subsection (g) of this section if: 

(1) The offense is a Class A or Class Bl felony; 

(2) The offense is a drug trafficking offense under G.S. 90-95(h); or 

(3) The defendant has five or more points as determined by G.S. 
15A-1340.14." 

Sec. 10. G.S. 15A-1 340. 14(b), as enacted by Section 1 of Chapter 538 of the 
1993 Session Laws, reads as rewritten: 
"(b) Points. — Points are assigned as follows: 

(1) For each prior felony Class A conviction, 10 points. 
Ik) For each prior felony Class Bl conviction. 9 points. 

(2) For each prior felony Class S, B2, C, or D conviction, 6 points. 

(3) For each prior felony Class E, F, or G conviction, 4 points. 

(4) For each prior felony Class H or I conviction, 2 points. 

(5) For each prior Class 1 misdemeanor conviction, 1 point, point except 
that convictions for Class 1 misdemeanor offenses under Chapter 20 of 
the Qeneral Statutes, other than conviction for misdemeanor death by 
vehicle (Q,St 2Q-Hl t 4(a2)), shall not be assigned any point? for pur- 
poses of determining a person's prior record for felony sentencing, 

(6) If all the elements of the present offense are included in the prior of- 
fense, 1 point. 

(7) If the offense was committed while the offender was on probation or 
parole, or while the offender was serving a sentence of imprisonment, or 
while the offender was on escape from a correctional institution while 
serving a sentence of imprisonment, 1 point. 

For purposes of fctermmmg prior record points under this syfrseption. a conviction 
f or a f irst de g ree rape or a f i rst de g ree sexual offense committed prior to the effective 
date of this subsection shall te treated as a felony Class Bl conviction, and a convic- 
tion for anv other felony Class B offense committed prior to the effective date of this 
subsection s hall be treated as a felony Class B2 con v i ct ion, " 

Sec. 11. G.S. 14-2.5, as enacted by Section 6 of Chapter 538 of the 1993 
Session Laws, reads as rewritten: 
"§ 14-2.5. Punishment for attempt to commit a felony or misdemeanor. 

Unless a different classification is expressly stated, an attempt to commit a misde- 
meanor or a felony is punishable under the next lower classification as the offense 
which the offender attempted to commit. An attempt to commit a Class A or Class B 1 
felony is a Class B2 felony, an attempt to commit a Class B2 felony is a Class C 
felony, an attempt to commit a Class I felony is a Class 1 misdemeanor, and an 
attempt to commit a Class 3 misdemeanor is a Class 3 misdemeanor." 

Sec. 12. G.S. 14-2.4(a), as amended by Section 5 of Chapter 538 of the 1993 
Session Laws, reads as rewritten: 

"(a) Unless a different classification is expressly stated, a person who is convicted 
of a conspiracy to commit a felony is guilty of a felony that is one class lower than 
the felony he or she conspired to commit, except that a conspiracy to commit a Class A or 



March 25, 1994 



1994] SENATE JOURNAL 147 

Class Bl felony is a Class B2 felony, a conspiracy to commit a Class B2 felony is a Class 
C felonv. and a conspiracy to commit a Class I felony is a Class 1 misdemeanor." 

Sec. 13. G.S. 14-2.6(a), as enacted by Section 6.1 of Chapter 538 of the 1993 
Session Laws, reads as rewritten: 

"(a) Unless a different classification is expressly stated, a person who solicits another 
person to commit a felony is guilty of a felony that is two classes lower than the felony 
the person solicited the other person to commit, except that a solicitation to commit a Class 
A or Class Bl felony is a Class C felony, a solicitation to commit a Class B2 felony is a 
Class D felony, a solicitation to commit a Class H felony is a Class 1 misdemeanor, and a 
solicitation to commit a Class I felony is a Class 2 misdemeanor." 

Sec. 14. This Part becomes effective on the same date that Chapter 538 of the 
1993 Session Laws becomes effective. This Part applies to offenses occurring on or 
after the effective date of this Part. Prosecutions for offenses committed before the 
effective date of this Part are not abated or affected by this Part, and the statutes that 
would be applicable but for this Part remain applicable to those prosecutions. 

PART 3. MODIFY HABITUAL FELON LAW 

Sec. 15. G.S. 14-7.6 reads as rewritten: 
"§ 14-7.6. Sentencing of habitual felons. 

OWhen an habitual felon as defined in this Article shall commit commits any felony 
under the laws of the State of North Carolina, he the felon must, upon conviction or 
plea of guilty under indictment as h e r e in provid e d provided in this Article (except 
where the death penalty or a sentence of life imprisonment is imposed) be sentenced 
as a Class C felon. In determining the prior record level, convictions used to establish 
a person's status as an habitual felon shall not be used. Notwithstanding any oth e r 
provision of law» a p e rson s e nt e nc e d und e r this Articl e shall s e rv e a term of not l e ss 
than s e v e n y e ars in prison, e xcluding gain tim e grant e d und e r G.S. 148 13. A p e rson 
s e nt e nc e d und e r thi s Articl e shall r e c e iv e a s e nt e nc e of at l e a s t 14 y e ars in th e Stat e 's 
prison and shall be entitled to credit for good behavior under GiS* 15A 1340i7i Th e 
s e nt e ncing judg e may not susp e nd th e s e nt e nc e and may not plac e th e p e rson s e n 
t e nc e d on probation. Sentences imposed under this Article shall run consecutively with 
and shall commence at the expiration of any sentence being served by the person 
sentenced h e r e und e r, under this section. " 

Sec. 16. Section 9 of Chapter 538 of the 1993 Session Laws is repealed. 

Sec. 17. This Part becomes effective on the same date that Chapter 538 of the 
1993 Session Laws becomes effective, and applies to offenses committed on or after 
that date. Prosecutions for, or sentences based on, offenses committed before the 
effective date of this Part are not abated or affected by this Part, and the statutes that 
would be applicable to those prosecutions or sentences but for the provisions of this 
Part remain applicable to those prosecutions or sentences. 

PART 4. INCREASE FIREARM PENALTY 

Sec. 18. G.S. 14-2.2 reads as rewritten: 
"§ 14-2.2. S e nt e ncing of p e r s on convicted of rep e ated f e lony u s ing deadly weapon. 

Notwithstanding any oth e r provision of law, any person who has been previou s ly con 
vict e d in th e courts of this Stat e within se v e n y e ars of a f e lony in which a deadly w e apon 
was used, provided that th e pr e vious f e lony did not occur within 10 days of th e s e cond or 
s ubsequent felony, in which a deadly w e apon was u s ed, s hall s erve a term for the se cond 
or subsequ e nt f e lony of not l e ss than s e v e n y e ars in prison, e xcluding gain tim e grant e d 
undor G.S. 148 13; Any p e rson sentonc e d und e r this s e ction shall r e c e iv e a sent e nc e of at 
l e ast 14 y e ars in the Stat e 's prison and shall b e e ntitl e d to cr e dit for good b e havior und e r 
G.S. 15A 1340.7. Th e s e nt e ncing judg e may not s e ntenc e a p e rson s e nt e nc e d und e r this 
section as a committed youthful offender and may not s u s pend the s entence and place th e 
p e rson sentenc e d on probation. S e ntences impos e d pur s uant to this s e ction shall run cons e c 
utiv e ly with and shall comm e nc e at th e e xpiration of any s e ntenc e b e ing s e rv e d by th e 
p e rson sent e nced h e reunder. 

March 25, 1994 



148 SENATE JOURNAL [Extraordinary Session 

For th e purpos e of this s e ction, th e r e cord or r e cords of th e prior f e lony conviction 
shall b e admissibl e in e vid e nc e aft e r conviction and b e for e sent e ncing, but only for th e 
purpos e of proving that th e p e rson has b ee n convict e d of a pr e vious f e lony. A judg 
ment of a conviction or plea of guilty or no cont es t to s uch felony off e n s e c e rtifi e d to 
a sup e rior court in this Stat e from th e custodian of r e cords of any oth e r court of this 
Stat e und e r th e sam e nam e as that by which th e d e f e ndant is charg e d shall b e prima 
faci e evid e nc e that th e id e ntity of such person is tho cam e as th e d e f e ndant so charg e d 
and shall b e prima faci e e vid e nc e of th e facts so c e rtifi e d. 

For th e purpos e s of this s e ction, a f e lony committ e d b e for e a p e rson attains th e age 
of 18 years do e s not constitut e a pr e vious f e lony conviction. 

Pl e as of guilty or no cont e st to or convictions of f e lony off e ns e s prior to S e pt e mb e r 
1» 1977» ar e not f e lony offen se s within th e m e aning of this s e ction^ Any f e lony off e ns e 
to which a pardon has b ee n e xt e nd e d do e s not for th e purpos e of this s e ction constitut e 
a f e lony. Th e burd e n of proving a pardon r e sts with th e d e f e ndant and th e Stat e is not 
r e quir e d to disprov e a pardon. 

Sentencing of a person convicted of a Class A. B. Bl. B2. C. D. or E felony who 
used, displayed, or threatened to use or display a firearm during the commission 
of the crime: confiscation and disposition of a firearm used in a felony. 

(a) If a person is convicted of a Class A. B. Bl. B2. C. D. or E felony and the 
person used, displayed, or threatened to use or display a firearm during the commission 
of the felony, the person shall, in addition to the punishment for the underlying felony, 
be sentenced to imprisonment for five years. 

The court shall not sentence a person sentenced under this section as a committed 
youthful offender. The court shall not suspend anv sentence imposed under this sec- 
tion and shall not place a person sentenced under this section on probation for the 
sentence imposed umler this section, Sentences imposed pursuant to this section shall 
be consecutive to all other sentences imposed and shall begin at the expiration of any 
other sentence being served by the person. 

(b) Subsection (a) of this section does not apply in any of the following circumstances: 

{H The person IS not sentenced to an active term of imprisonment- 

{21 The evidence of the use, display, or threatened use or display of a 

firearm is needed to prove an element of the underlying Class A, B, Bl, 

B2. C. D. or E felonv. 
{21 The person did not actually possess a firearm about his or her person, 

(c) When a person is found to have personall y used a fire arm in the commission or 
attempted commission of a felonv and the firearm is owned bv that person, or the 
serial number on the firearm has been defaced such that ownership is not traceable, the 
court shall order that the firearm be confiscated and disposed of in anv of the wavs 
provided by G.S. 14-269.1 that the court in its discretion deems appropriate. 

(d) Subsection (sl) of this section does not apply to the following felonies: 

(1) G.S. 14-49(0). Malicious use of explosive or incendiary. 
£21 G.S. 14-59. Burning of certain public building s. 

£31 G.S. 14-60. Burning of schoolhouses or buildings of educational 

institutions. 

{41 Q.$, 14-51, Burning of certain fridges and Mdjngs, 

{51 G.S. 14-62. Burning of churches and certain other buildings. 

{£1 G.S. 14-62.1. Burning of building or structure in process of construction. 

{71 G.S. 53-129. Misapplication of bank funds bv officer or employee." 
Sec. 19. (a) G.S. 14-2.2(a), as amended by Section 18 of this act, reads as 
rewritten: 

"(a) If a person is convicted of a Class A, B, Bl, B2, C, D, or E felony and the 
person used, displayed, or threatened to use or display a firearm during the commission 
of the felony, the person shall, in addition to the punishment for the underlying felony, 
be sentenced to imprisonment for fiv e y e ars, a minimum term of imprisonment for 60 
months as provided by G.S. 15A-1340.16A. Evidence of the use, display, or 
threatened use or display of a firearm that is needed to prove an element of the 
underlying felony shall not be used to establish the enhancement under this section. 

March 25, 1994 



1994] SENATE JOURNAL 149 

Tho court shall not s e ntenc e a p e rson s e nt e nc e d und e r this se ction a s a committ e d 
youthful off e nd e r. The court shall not suspend any sentence imposed under this sec- 
tion and shall not place a person sentenced under this section on probation for the 
sentence imposed under this section. Sentences imposed pursuant to this section shall 
be consecutive to all other sentences imposed and shall begin at the expiration of any 
other sentence being served by the person." 

(b) G.S. 14-2.2(d), as amended by Section 18 of this act, is repealed. 

(c) Section 4 of Chapter 538 of the 1993 Session Laws is repealed. 

Sec. 20. Part 2 of Article 8 IB of Chapter 15 A of the General Statutes is 
amended by adding a new section to read: 

" S 15A-1340.16A. Enha nced sentence if defendant is convicted of a Class A. BL 
B2. C. D. or E felony and the defendant used, displayed, or threatened to use or 
display a fi rearm during the commission of the felonv. 

(ah If a person is convicted of a Class A Bl. B2. C. D. or E felony and the court finds 

that the person used, displayed, or threatened to use or display a firearm at the time of the 

felonv. the court shall increase the minimum term of imprisonment to which the person is 

sentenced bv 60 months. The court shall not suspend the 60-month minimum term of 

imprisonment imposed as an enhanced sentence under this section and shall not place any 

person sentenced under this section on probation for the enhanced sentence. 

(b) Subsection (a) of this section does not apply in any of the following circumstances: 

£11 The person is not sente nced to an active term of imprisonment. 

{21 The evidence of the use, display, or threatened use or display of a 

firearm is needed to prove an element of the underlying Class A. Bl. 

B2, C, D, or E fe lony , 

£11 The person did not actually possess a firearm about his or her person." 
Sec. 21. G.S. 15 A-l 340.4(a)(1) reads as rewritten: 
"(1) Aggravating factors: 

a. The defendant induced others to participate in the commission of 
the offense or occupied a position of leadership or dominance of 
other participants. 

b. The offense was committed for the purpose of avoiding or pre- 
venting a lawful arrest or effecting an escape from custody. 

c. The defendant was hired or paid to commit the offense. 

d. The offense was committed to disrupt or hinder the lawful exercise 
of any governmental function or the enforcement of laws. 

e. The offense was committed against a present or former law enforce- 
ment officer, employee of the Department of Correction, jailer, fire- 
man, emergency medical technician, ambulance attendant, justice or 
judge, clerk or assistant or deputy clerk of court, magistrate, prosecu- 
tor, juror, or witness against the defendant, while engaged in the 
performance of his official duties or because of the exercise of his 
official duties. 

f. The offense was especially heinous, atrocious, or cruel. 

g. The defendant knowingly created a great risk of death to more 
than one person by means of a weapon or device which would 
normally be hazardous to the lives of more than one person. 

h. The defendant held public office at the time of the offense and the 
offense related to the conduct of the office. 

i. The defendant was armed with or used a deadly weapon at the 
time of the crime. 

j. The victim was very young, or very old, or mentally or physically 
infirm. 

k. The defendant committed the offense while on pretrial release on 
another felony charge. 

1. The defendant involved a person under the age of 16 in the com- 
mission of the crime. 

March 25, 1994 



1 50 SENATE JOURNAL [Extraordinary Session 

m. The offense involved an attempted or actual taking of property of 
great monetary value or damage causing great monetary loss, or 
the offense involved an unusually large quantity of contraband, 
n. The defendant took advantage of a position of trust or confidence 

to commit the offense, 
o. The defendant has a prior conviction or convictions for criminal of- 
fenses punishable by more than 60 days' confinement. Such convic- 
tions include those occurring in North Carolina courts and courts of 
other states, the District of Columbia, and the United States, provided 
that any crime for which the defendant was convicted in a jurisdiction 
other than North Carolina would have been a crime if committed in 
this State. Such prior convictions do not include any crime that is 
joinable, under G.S. Chapter 15A, with the crime or crimes for which 
the defendant is currently being sentenced, 
p. The offense involved the sale or delivery of a controlled substance 

to a minor, 
q. The offense was committed because of the race, color, religion, 

nationality, or country of origin of another person, 
r. The offense for which the defendant stands convicted was com- 
mitted against a victim because of the victim's race, color, religion, 
nationality, or country of origin. 
Evidence necessary to prove an element of the offense may not be used to prove any 
factor in aggravation, and the same item of evidence may not be used to prove more than 
one factor in aggravation. Evidence necessary to establish that an enhanced sentence is 
required under G.S. 14-2.2 may not be used to prove any factor in aggravation. 

The judge may not consider as an aggravating factor the fact that the defendant 
exercised his right to a jury trial." 

Sec. 22. G.S. 15A-1340.16(d) reads as rewritten: 
"(d) Aggravating Factors. — The following are aggravating factors: 

(1) The defendant induced others to participate in the commission of the of- 
fense or occupied a position of leadership or dominance of other partici- 
pants. 

(2) The defendant joined with more than one other person in committing 
the offense and was not charged with committing a conspiracy. 

(3) The offense was committed for the purpose of avoiding or preventing a 
lawful arrest or effecting an escape from custody. 

(4) The defendant was hired or paid to commit the offense. 

(5) The offense was committed to disrupt or hinder the lawful exercise of 
any governmental function or the enforcement of laws. 

(6) The offense was committed against a present or former law enforcement 
officer, employee of the Department of Correction, jailer, fireman, emergen- 
cy medical technician, ambulance attendant, justice or judge, clerk or assis- 
tant or deputy clerk of court, magistrate, prosecutor, juror, or witness against 
the defendant, while engaged in the performance of that person's official 
duties or because of the exercise of that person's official duties. 

(7) The offense was especially heinous, atrocious, or cruel. 

(8) The defendant knowingly created a great risk of death to more than one 
person by means of a weapon or device which would normally be 
hazardous to the lives of more than one person. 

(9) The defendant held public office at the time of the offense and the 
offense related to the conduct of the office. 

(10) The defendant was armed with or used a deadly weapon at the time of 
the crime. 

(11) The victim was very young, or very old, or mentally or physically 
infirm, or handicapped. 

March 25, 1994 



1994] SENATE JOURNAL 151 

(12) The defendant committed the offense while on pretrial release on another 
charge. 

(13) The defendant involved a person under the age of 16 in the commission 
of the crime. 

(14) The offense involved an attempted or actual taking of property of great 
monetary value or damage causing great monetary loss, or the offense 
involved an unusually large quantity of contraband. 

(15) The defendant took advantage of a position of trust or confidence to 
commit the offense. 

(16) The offense involved the sale or delivery of a controlled substance to a 
minor. 

(17) The offense for which the defendant stands convicted was committed 
against a victim because of the victim's race, color, religion, nationality, 
or country of origin. 

(18) The defendant does not support the defendant's family. 

(19) The serious injury inflicted upon the victim is permanent and debilitating. 

(20) Any other aggravating factor reasonably related to the purposes of sen- 
tencing. 

Evidence necessary to prove an element of the offense shall not be used to prove any 
factor in aggravation, and the same item of evidence shall not be used to prove more than 
one factor in aggravation. Evidence necessary to establish that an enhanced sentence is 
required under G.S. 14-2.2 mav not be used to prove anv factor in aggravation. 

The judge shall not consider as an aggravating factor the fact that the defendant 
exercised the right to a jury trial." 

Sec. 23. G.S. 14-269.1 reads as rewritten: 
"§ 14-269.1. Confiscation and disposition of deadly weapons. 

Upon conviction of any person for violation of G.S. 14-2.2. 14-269, GtSt 14-269.7, 
or any other offense involving the use of a deadly weapon of a type referred to in G.S. 
14-269, the deadly weapon with reference to which the defendant shall have been 
convicted shall be ordered confiscated and disposed of by the presiding judge at the 
trial in one of the following ways in the discretion of the presiding judge. 

(1) By ordering the weapon returned to its rightful owner, but only when 
such owner is a person other than the defendant and has filed a petition 
for the recovery of such weapon with the presiding judge at the time of 
the defendant's conviction, and upon a finding by the presiding judge 
that petitioner is entitled to possession of same and that he was unlaw- 
fully deprived of the same without his consent. 

(2) By ordering the weapon turned over to a law-enforcement agency in the 
county of trial for the official use of such agency, but only upon the 
written request by the head or chief of such agency. The clerk of the 
superior court of such county shall maintain a record of such weapons 
and the law-enforcement agency receiving them. 

(3) By ordering the weapon turned over to the sheriff of the county in 
which the trial is held to be sold as herein provided. Under the direc- 
tion of the sheriff, the weapon shall be sold at public auction after one 
advertisement in a newspaper having general circulation in the county 
which advertisement shall be at least seven days prior to sale. The 
proceeds of such sale shall go to the general fund of the county in 
which such weapons are sold. The sheriff shall maintain a record and 
inventory of all such weapons received and sold by him. Sales of such 
weapons by the sheriff shall be held at least once each year. 

(4) By ordering such weapon turned over to the sheriff of the county in 
which the trial is held or his duly authorized agent to be destroyed. The 
sheriff shall maintain a record of the destruction thereof. 

(5) By ordering such weapon turned over to the North Carolina State Bu- 
reau of Investigation's Crime Laboratory Weapons Reference Library for 

March 25, 1994 



1 52 SENATE JOURNAL [Extraordinary Session 

official use by that agency. The State Bureau of Investigation shall 
maintain a record and inventory of all such weapons received. 
(6) By ordering such weapons turned over to the North Carolina Justice Acade- 
my for official use by that agency. The North Carolina Justice Academy 
shall maintain a record and inventory of all such weapons received." 
Sec. 24. Sections 18, 21, and 23 of this act become effective May 1, 1994, 
and apply to offenses committed on or after that date. The remainder of this Part 
becomes effective on the date that Section 56 of Chapter 538 of the 1993 Session 
Laws provides that that act becomes effective, and applies to offenses committed on or 
after that date. Prosecutions for, or sentences based on, offenses committed before the 
effective dates of this Part are not abated or affected by this Part, and the statutes that 
would be applicable to those prosecutions or sentences but for the provisions of this 
Part remain applicable to those prosecutions or sentences. 

PART 5. TRANSFER JUVENILES 13 YEARS OF AGE 

Sec. 25. G.S. 7A-608 reads as rewritten: 
"§ 7A-608. Transfer of jurisdiction of juvenile to superior court. 

The court after notice, hearing, and a finding of probable cause may transfer jurisdic- 
tion over a juvenile 14 y e ars of ag e or old e r to superior court if the juvenile was 44 
13 years of age or older at the time fee the juvenile allegedly committed an offense 
which that w ould be a felony if committed by an adult. If the alleged felony consti- 
tutes a Class A felony and the judge court finds probable cause, the judg e court shall 
transfer the case to the superior court for trial as in the case of adults." 
Sec. 26. G.S. 7A-609(a) reads as rewritten: 

"(a) The judg e court shall conduct a hearing to determine probable cause in all 
felony cases in which a juvenile was 44 12 years of age or older when the offense was 
allegedly committ e d committed, unl e ss couns e l Counsel for the juvenile waiv e s may 
waive in writing his the. right to the hearing and stipulat es stipulate to a finding of 
probable cause. The judge court may exclude the public from the hearing unless the 
juvenile moves that the hearing be open, which motion shall be granted." 
Sec. 27. G.S. 7A-610(a) reads as rewritten: 

"(a) If probable cause is found, found and transfer to superior court is not required 
bv G.S. 7A-608. the prosecutor or the juvenile may move that the case be transferred 
to the superior court for trial as in the case of adults. If th e all e g e d f e lony do e s not 
constitut e a capital off e ns e , th e The judge may proceed to determine whether the needs 
of the juvenile or the best interest of the State will be served by transfer of the case 
to superior court for trial as in the case of adults. When the case is transferred to 
superior court, the superior court has jurisdiction over that felony, any offense based on 
the same act or transaction or on a series of acts or transactions connected together or 
constituting parts of a single scheme or plan of that felony, and any greater or lesser 
included offense of that felony." 

Sec. 28. G.S. 7A-601 reads as rewritten: 
"§ 7A-601. Destruction of records resulting from nontestimonial identification pro- 
cedures. 

The results of any nontestimonial identification procedures shall be retained or dis- 
posed of as follows: 

(1) If a petition is not filed against a juvenile who has been the subject of 
nontestimonial identification procedures, all records of «ueh ihe. evidence 
shall be destroyed. 

(2) If in the district court or superior court pursuant to a transfer a juvenile 
is found not guilty, all records resulting from a nontestimonial order 
shall be destroyed. Further, in the case of a juvenile who is under 44 12 
years of age and who is adjudicated to have committed a delinquent act, 
which would be less than a felony had the juvenile been an adult, all 
records shall be destroyed. 

March 25, 1994 



1994] SENATE JOURNAL 153 

(3) If a juvenile 44 H years of age or older is found to have committed a 
delinquent act which that would be a felony if committed by an adult, 
all records resulting from a nontestimonial order may be retained in the 
court file. Special precautions shall be taken to ensure that these records 
will be maintained in such a manner and under such safeguards as to 
limit their use to inspection for comparison purposes by law-enforce- 
ment officers only in the investigation of a crime. 

(4) If the juvenile is transferred to superior court, all records resulting from 
nontestimonial identification procedures shall be processed as in the case 
of an adult. 

(5) Any evidence seized pursuant to a nontestimonial order shall be retained 
by law-enforcement officers until further order is entered by the court. 

(6) Destruction of nontestimonial identification records pursuant to this sec- 
tion shall be performed by the law-enforcement agency having posses- 
sion of such records. Following destruction, the law-enforcement agency 
shall make written certification to the court of such the destruction." 

Sec. 29. The Juvenile Code Committee of the Legislative Research Commission is 
authorized to study the issue of whether district courts should be mandated to transfer 
jurisdiction of juveniles who have committed certain serious or violent felony offenses to 
superior court for trial as in the case of adults upon a finding of probable cause. The 
Committee may also study the issue of the proper age of juveniles mandatorily transferred 
to superior court for trial as in the case of adults. The Committee may submit an interim 
report of its findings and recommendations to the 1994 Regular Session of the 1993 
General Assembly and shall submit a final report to the 1995 General Assembly. 

Sec. 30. Sections 25 through 28 of this act become effective May 1, 1994, 
and apply to offenses committed on or after that date. The remainder of this Part is 
effective upon ratification. 

PART 6. THREE STRIKES YOU'RE IN 

Sec. 31. Chapter 14 of the General Statutes is amended by adding a new 
Article to read: 

" ARTICLE 2B. 

"Violent Habitual Felons, 
"S 14-7.7. Persons defined as violent habitual felons. 

(a) Any person who has been convicted of two violent felonies in any federal court, in 
a court of this or any other state of the United States, or in a combination of these courts 

is declared tQ be a violent habitual felon, For purposes of this Article, 'convicted' means 
the person has been adjudged guilty of or has entered a plea of guilty or no contest to the 
violent felony charge, and judgment has been entered thereon when such action occurred 
on or after July 6. 1967. This Article does not apply to a second violent felony unless it 
is committe d after the conviction or plea of guilty or no contest to the first violent felony. 
Anv felony to which a pardon has been extended shall not for the purposes of this 
Article, constitute a felony, The burden of proving a pardon shall rest with the defendant, 
and this State shall not be required to disprove a pardon, Conviction as an habitual felon 

shall not for purposes of this Article, constitute a violent felony. 

(b) For purposes of this Article, 'violent felony' includes the following offenses; 

£11 &. Murder in the first and second degrees. G.S. 14-17. 

b. Voluntary manslaughter. G.S. 14-18 . 

£. Killing an adversary in a duel. G.S. 14-30 . 

d. First degree rape, Q.S. 14-27.2. 

e_. Second degree rape. G.S. 14-27.3 . 

f. First degree sexual offe nse. G.S. 14-27.4 . 

£. Second deg ree sexual offense. G.S. 14-27.5 . 

b. Intercourse and sexual offense by a parent or custodian. G,S, 14-27,7- 

i. Malicious castration. G.S. 14-28. 

j. Castration or maiming without malice aforethought G.S. 14-29. 

k. Malicious maiming. G.S. 14-30. 

March 25, 1994 



1 54 SENATE JOURNAL [Extraordinary Session 

1. Malicious throwing of acid or alkali. G.S. 14-30.1 . 

m. Malicious assaulting in a secret manner. G.S. 14-31 . 

n. Any felony assault set forth in G.S. 14-32 . 

Q_. Felony assault on a handicapped person. G.S. 14-32 . 

J2. Patient abuse and ne glect negligent or intentional. G.S. 14-32.2 . 

g. Discharging firearm in occupied property. G.S. 14-34.1 . 

I. Adulterated or misbranded foods or drugs. G.S. 14-34.4 . 
£. Kidnapping in the first or second degree. G.S. 14-39 . 

t. Malicious use of explosive or incendiary devices. G.S. 14-49 . 

II. Malicious damage of occupied property by the use of explosive. 
,S, 14-49, 1. 

v. Burglary in the first or second degree. G.S. 14-51 . 

w. Breaking o ut of a dwelling house. G.S. 14-53 . 

X. Burglary wi th explosives, Q,$, 14-57 . 

y_. Arson in the first or second degree. G.S. 14-58 . 

£. Burning of a mobile home, manufactured housing, or recreational 

trailer. G.S. 14-58.2 . 
aa. Burning of public building. G.S. 14-59 . 
hb. Burning of a schoolhouse or building of an educational institution. 

G,S> 14-60 . 
cc. Burning of bridges and buildings. G.S. 14-61 . 
dd. Burning o f churches and other buildings. G.S. 14-62 . 
ge_. Burning of building or structure in the process of construction. G.S. 

14-62.1 . 
gg. Robbery with a firearm or dangerous weapon. G.S. 14-87 . 
hb. Train robbery. G.S. 14-88 . 

u. Contaminating a public water supply. G.S. 14-159.1 . 
jj. Felonious child abuse. G.S. 14-318.4 . 
kk. First degree sexual exploitation of a minor, 0.3, 14-190,16 - 
U. Distribution of adulterated food. G.S. 14-401.11 . 
mm. Manufacture, s ale, or d eliv er y o r p os se ss wi th in t e nt to manufacture. 

sell, or deliver a controlled substance within 300 feet of a school. 

G.S. 90-95(eV8V 
DH. Selling and delivery of controlled substance by a person 18 or over 

to a person under 16, Q,$, 90-95. 
ojo. Discharge of oil or hazardous substance placing another in danger 

of death or serious bodily iniurv. G.S. 143-225.88(bV 
£21 Anv repealed or superseded offense substantially equivalent to the of- 
fenses listed in subdivision (IV 
01 Anv offense committed in another jurisdiction substantially equivalent to 
the offenses set forth in subdivision (I) or (2V 
"§ 14-7.8. Punishment. 

When a person is charged by indictment with the commission of a violent felony 
and is also charged with being a violent habitual felon as defined in G.S. 14-7.7. the 
person must, upon conviction, be sentenced in accordance with this Article, except in 
those cases where the death penalty is imposed. 
"8 14-7.9. Charge of violent habitual felon. 

An jpdiptment that charges a person who is a violent habitual felon within the 

meaning of G.S. 14-7.7 with the commission of any violent felony must, in order to 
sustain a conviction of viol e nt habitual felon, also char g e th at the person is a violent 
habitual fel on. The indictment charging the defendant as a violent habitual felon shall 
be separate from the indictment charging the defendant with the principal violent felo- 
ny. An indictment that charges a person with being a violent habitual felon must set 
forth the date that prior violent felonies were committed, the name of the state or other 
sovereign against whom the violent felonies were committed, the dates of convictions 
of the violent felonies, and the identity of the court in which the convictions took 

March 25, 1994 



1994] SENATE JOURNAL 155 

place. A defendant charged with being a violent habitual felon in a bill of indictment 
shall not be required to go to tria l on that charge within 20 days after the finding of 
a true bill by the grand jury unless the defendant waives this 20-day period. 
"§ 14-7.10. Evidence of prior convictions of violent felonies. 

Tn all cases where a person is charged under this Article with being a violent habitu- 
al felon, the records of prior convictions of violent felonies shall be admissible in 
evidence, but only for the purpose of proving that the person has been convicted of 
former violent felonies. A prior conviction may be proved by stipulation of the parties 
or by the original or a certified copy of the court record of the prior conviction. The 
original or certified copy of the court record, bearing the same name as that by which 
the defendant is charged, shall be prima facie evidence that the defendant named 
therein is the same as the defendant before the court, and shall be prima facie evi- 
dence of th e facts set out therein. 
"§ 14-7.11. Verdict and judgment. 

When an indictment charges a violent habitual felon with a violent felony as provided in 
this Article and an indictment also charges that the person is a violent habitual felon as 
provided in this Article, the defendant shall be tried for the principal violent felony as 
provided by law. The indictment that the person is a violent habitual felon shall not be 
revealed to the jury unless the jury finds that the defendant is guilty of the principal violent 
felony or another violent felQny with which the defendant js charged. If the jury finds the 
defendant guilty of a violent felonv. the bill of indictment charging the defendant as a 
violent habitual felon may be presented to the same jury. Except that the same jury may 
be used, the proceedings shall be as if the issue of violent habitual felon were a principal 
charge. If the jury finds that the defendant is a violent habitual felon, the trial judge shall 

enter judgment according to the provisions of this Article, If the jury finds that the 

defendant is not a violent habitual felon, the trial judge shall pronounce judgment on the 

principal violent felony or felonies as provided by law. 
!!§ 14-7.12. Sentencing of violent habitual felons. 

A person who is convicted of a violent felony and of being a violent habitual felon 

must upon conviction (except where the death penalty is imposed! be sentenced to life 
imprisonment without parole. Life imprisonment without parole means that the person will 
spend the remainder of the person's natural life in prison. The sentencing judge may not 
suspend the sentence and may not place the person sentenced on probation. Sentences for 
violent habitual felons imposed unde r this Article shall run consecutively with and shall 
commence at the exp iration of any other sentence being served by the person." 

Sec. 32. Effective on the date Chapter 538 of the 1993 Session Laws becomes 
effective, G.S. 14-7. 7(b), as enacted by Section 31 of this act, reads as rewritten: 
" (b) For purpos e s of this Article, 'viol e nt f e lony' includ e s th e following off e ns es : 
4±} *? Murd e r in th e first and s e cond d e gr ee s, G.S. \A 17. 

b Voluntary manslaught e r, G.S. 14 18. 

Ct Killing an adv e rsary in a du e l, G.S; I A 30. 

4t First d e gr ee rap e , G.S. 14 27.2. 

«r S e cond d e gr ee rap e , G.S. 14 27.3. 

fr First d e gr ee s e xual offense, G.S. 14 21.A. 

%r S e cond d e gr ee s e xual off e ns e , G.S. I A 27.5. 

hr Int e rcours e and s e xual off e ns e by a par e nt or custodian, G.S. \A 21.7. 

ir Malicious castration, G.S. \A 2 8 . 

ft Castration or maiming without malic e afor e thought, G.S. I A 29. 

kr Malicious maiming, G.S. 1A 30. 

It Malicious throwing of acid or alkali, G.S. 14 30.1. 

fflr Malicious assaulting in a s e cr e t mann e r, G.S. 14 31. 

3r Any felony assault s e t forth in G.S. 14 32. 

er F e lony assault on a handicapp e d p e rson, G.S. 1A 32. 

pr Pati e nt abus e and negl e ct, n e glig e nt or int e ntional, G.S. 14 32.2. 

% Discharging fir e arm in occupi e d property, G.S. 14 34. h 

fr Adulterated or misbranded food s or drug s , G*S. 14 34.4. 

March 25, 1994 



156 SENATE JOURNAL [Extraordinary Session 

St Kidnapping in th e first or s e cond d e gree, G.S. 14 39. 

tr Malicious us e of e xplosiv e or inc e ndiary devic e s, G.S. M 49. 

«r Malicious damag e of occupi e d property by the us e of explosive, G.S. 

14 49.1. 
Vt Burglary in th e first or s e cond d e gre e , G.S. 14 51. 
Wr Br e aking out of a dw e lling hous e , G.S, \4 53. 
*r Burglary with e xplosiv e s, G.S. \4 57. 
yv Ar s on in th e fir s t or s e cond d e gr ee , G.S. 14 58. 
%r Burning of a mobil e home, manufactur e d hou s ing, or r e cr e ational 

trail e r, G.S. M 58.2. 
aar Burning of public building, G.S. 14 59. 
bbr Burning of a schoolhous e or building of an e ducational institution, 

G.S. 14 60. 
ggt Burning of bridg e s and buildings, G.S. 14 61. 
ddr Burning of church e s and oth e r buildings, G.S. 14 62. 
eer Burning of building or structure in the proces s of con s truction, G.S. 

14 62.1. 
ggr Robb e ry with a fir e arm or dang e rou s w e apon, G.S. 14 8 7. 
hhr Train robb e ry, G.S. 14 88 . 

ii. Contaminating a public wat e r supply, G.S. 14 159.1. 
jjr F e lonious child abus e , G.S. 14 318.4. 
kfcr First d e gr ee s e xual e xploitation of a minor, G.S. 14 190.16. 
It Distribution of adult e rat e d food G.S. 14 401.11. 
mm? Manufactur e , sal e , or d e liv e ry or poss e ss with int e nt to manufacture, 

sal e , or d e liv e r a controll e d substanc e within 300 f ee t of a school, G.S. 
90 op 

ftftr S e lling and d e liv e ry of controll e d substanc e by a person 18 or ov e r 

to a p e rson und e r 16, G.S. 90 95. 
ear Discharg e of oil or hazardous substanc e placing anoth e r in dang e r 
of d e ath or s e rious bodily injury, G.S. 143 225. 88 (b). 
(3) Any r e p e al e d or sup e rs e d e d offens e substantially e quival e nt to th e of 

f e ns e c list e d in subdivision (1). 
(3) Any offen s e committed in another juri s diction s ub s tantially equivalent to 
the offen ses set forth in s ubdivision (1) or (2). 
(b) For purposes of this Article, 'violent felony' includes the following offenses; 
(1) All Class A through E felonies. 

iZX Any repealed or superseded offense substantially equivalent to the of- 
fenses listed in subdivision (1), 
(31 Anv offense committed in another jurisdiction substantially equivalent to 

the offenses set forth in subdivision (1) or (2)." 
Sec. 33. G.S. 15A-1370.1 reads as rewritten: 
"§ 15A-1370.1. Applicability of Article 85. 

This Article is applicabl e a pplies to all sentenced prisoners, including Class A and 
Class B felons, and Class C felons who receive a sentence of life imprisonment, who 
are not subject to Article 85A of this Chapt e r. Chapter, but shall not apply to prisoners 
who receive life imprisonment without parole. A person serving a sentence of life 
imprisonment without parole shall not be eligible for parole at anv time." 

Sec. 34. G.S. 15A-1370.1, as amended by Section 21 of Chapter 538 of the 
1993 Session Laws, reads as rewritten: 
"§ 15A-1370.1. Applicability of Article 85. 

This Article is applicable to all prisoners serving sentences of imprisonment for 
convictions of impaired driving under G.S. 20-138.1 and prisoners serving sentences 
of life imprisonment. This Article does not apply to a per son serving a sentence of life 
im prisonment without parole. A person serving a sent ence of life imprisonment with- 
out parole shall not be eligible for parole at any time," 

March 25, 1994 



1994] SENATE JOURNAL 157 

Sec. 35. G.S. 15A-1340.10, as amended by Section 1 of Chapter 538 of the 
1993 Session Laws, reads as rewritten: 
"§ 15A-1340.1Q. Applicability of structured sentencing. 

This Article applies to criminal offenses in North Carolina, other than impaired driving 
under G.S. 20-138.1 that occur on or after January 1, 1995. This Article does not app ly 
to violent h abitual felons sentenced under Article 2B of Chapter 14 of the General Stat- 
utes." 

Sec. 36. Effective May 1, 1994, Section 8 of Chapter 21 of the Session Laws 
of the Extra Session of 1994 reads as rewritten: 

"Sec. 8. This act becomes effective on the same date that Chapter 538 of the 1993 
Session Laws becomes effective, and applies to offenses occurring on or after thatdater 
date except that Section 7 of this act becomes effective Mav 1. 1994. with respect to 
offenses com mitted on or after Mav 1. 1994. that are punishable under Article 2B of 
Chapter 14 of the General Statutes. Prosecution for, or sentences based on, offenses 
occurring before the effective date of this act are not abated or affected by the repeal, 
expiration, or amendment in this act of any statute, and the statutes that would be 
applicable to those prosecutions or sentences but for the provisions of this act remain 
applicable to those prosecutions or sentences." 

Sec. 37. Sections 31, 36, and 37 of this act become effective May 1, 1994. 
Section 33 of this act becomes effective May 1, 1994, and expires on the date that 
Chapter 538 of the 1993 Session Laws becomes effective, but prosecution for, or 
sentences based on, offenses occurring before that date are not abated or affected by 
the expiration of that section. Sections 32, 34, and 35 of this act become effective on 
the date that Chapter 538 of the 1993 Session Laws becomes effective. Prosecution 
for, or sentences based on, offenses occurring before the effective date of this Part are 
not abated or affected by the repeal or amendment in this Part of any statute, and the 
statutes that would be applicable to those prosecutions or sentences but for the provi- 
sions of this Part remain applicable to those prosecutions or sentences. 

PART 7. EFFECTIVE DATE 

Sec. 38. Except as otherwise provided, this act is effective upon ratification. 

On motion of Senator Daniel, the Chair orders the Conference Report placed on the 
Calendar for immediate consideration upon its adoption. 

The Chair rules that the Conference Report contains substantive amendments and 
requires adoption on second and third readings. 

On motion of Senator Daniel, the Senate adopts the Conference Report on its second 
(32-0) and third readings. 

Senator Perdue requests to be recorded voting aye on the third reading of the Con- 
ference Report. 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body of such action. 

REPORT OF COMMITTEE 

A select committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Cooper for the Select Committee on Courts: 

H.B. 145 (Committee Substitute), a bill to require that the parent, guardian, or next of 
kin of a minor who is charged or taken into custody by a law enforcement officer shall be 
notified without unnecessary delay and to amend the law regarding the concealment of 
merchandise in mercantile establishments, as rewritten by the Select Committee on Courts 
on March 17, proposing to change the title to read H.B. 145 (Senate Committee Substi- 
tute), a bill to amend the law regarding the concealment of merchandise in mercantile 

March 25, 1994 



158 SENATE JOURNAL [Extraordinary Session 

establishments, with an unfavorable report as to Senate Committee Substitute bill No. 1, 
but favorable as to Senate Committee Substitute bill No. 2. 

On motion of Senator Cooper, the rules are suspended, and the proposed Senate 
Committee Substitute bill 6248, which changes the title, upon concurrence, to read 
H.B. 145 (Senate Committee Substitute No. 2), a bill to amend the law regarding the 
concealment of merchandise in mercantile establishments, is placed before the Senate 
for immediate consideration. 

On motion of Senator Cooper, the Senate Committee Substitute bill No. 2 is 
adopted, and on his further motion remains before the Senate for immediate consider- 
ation upon its passage. 

The Senate Committee Substitute bill No. 2 passes its second (33-0) and third 
readings and is ordered sent to the House of Representatives, for concurrence in the 
Senate Committee Substitute bill No. 2 by special messenger. 

CALENDAR 

Pursuant to the motion of Senator Basnight prevailing on February 16, all bills and 
resolutions ordered sent to the House of Representatives are sent by special messenger. 

A bill on the Calendar is taken up and disposed of, as follows: 

H.B. 110 (Senate Committee Substitute), a bill to increase the time within which 
hearings for juveniles in custody take place, to provide for waiver of hearings on 
continued custody, to lengthen time of temporary custody of juveniles without an 
order, and to allow placement of juveniles by the Department of Social Services, 
withdrawn from the Appropriations Committee, placed on the Calendar, and tempo- 
rarily displaced earlier today. 

The Senate Committee Substitute bill passes its second (32-0) and third readings and 
is ordered sent to the House of Representatives, for concurrence in the Senate Commit- 
tee Substitute bill by special messenger. 

CONFERENCE REPORT 

S.B. 150 (House Committee Substitute) 

Senator Daniel, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon S.B. 150 (Committee 
Substitute), a bill to establish crime prevention and enhanced punishment initiatives, to 
amend the law to enhance crime control, and to appropriate funds for current opera- 
tions and capital improvements to carry out the purposes of this act, and the House 
Committee Substitute Bill which proposes to change the title, upon concurrence, to 
read S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made 
for the 1993-94 fiscal year and the 1994-95 fiscal year to create the Budget 
Modification Act of 1994, submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

The conferees appointed to resolve the differences between the Senate and the House 
of Representatives on Senate Bill 150, A BILL TO BE ENTITLED AN ACT TO 
ADJUST THE APPROPRIATIONS MADE FOR THE 1993-94 FISCAL YEAR AND 
THE 1994-95 FISCAL YEAR TO CREATE THE BUDGET MODIFICATION ACT 
OF 1994, House Committee Substitute Favorable/Engrossed 3/3/94, Fourth Edition, 
submit the following report: 

The House of Representatives and the Senate agree to the following amendment to 
the House Committee Substitute Favorable/Engrossed 3/3/94, Fourth Edition, and the 
Senate concurs in the House Committee Substitute as amended: 

Delete the entire House Committee Substitute Favorable/Engrossed 3/3/94, Fourth Edi- 
tion, and substitute the attached Proposed Conference Committee Substitute PCCS 9801. 

March 25, 1994 



1994] SENATE JOURNAL 159 

The conferees recommend that the Senate and House of Representatives adopt this 
report. 

Date conferees approved report: March 25, 1994. 

S/George B. Daniel, Chairman S/Martin Nesbitt, CoChair 

S/Frank W. Ballance, Jr. David Diamont, CoChair 

S/Betsy L. Cochrane S/Anne C. Barnes 

S/Roy A. Cooper, III S/Howard Hunter 

S/William N. Martin S/B. Holt 

S/T. L. Odom S/James B. Black 

S/Beverly M. Perdue S/Gene Rogers 

S/Aaron W. Plyler S/Edd Nye 

S/Robert G. Shaw S/Ruth EasterUng 

S/R. C. Soles, Jr. S/H. M. Michaux, Jr. 

S/Fletcher L. Hartsell, Jr. S/David Redwine 

S/J. Richard Conder (See Errata) S/Carolyn B. Russell 

S/Joanne W. Bowie 
S/Dub Dickson 
S/Gene G. Arnold 
S/R. J. Hensley, Jr. 
S/Charlotte A. Gardner 
S/Milton F. Fitch, Jr. 
Conferees for the Senate Conferees for the 

House of Representatives 

The text of the attached Proposed Conference Committee Substitute 9801, which 
changes the title, is as follows: 

A BILL TO BE ENTITLED AN ACT TO ADJUST THE APPROPRIATIONS MADE 
FOR THE 1993-94 FISCAL YEAR AND THE 1994-95 FISCAL YEAR TO AID 
IN THE CONTROL AND PREVENTION OF CRIME. 

The General Assembly of North Carolina enacts: 

PART 1. INTRODUCTION 

Section 1. The appropriations made in this act are for maximum amounts 
necessary to provide the services and accomplish the purposes described in the budget. 
Savings shall be effected where the total amounts appropriated are not required to 
perform these services and accomplish these purposes and, except as allowed by the 
Executive Budget Act, or this act, the savings shall revert to the appropriate fund at the 
end of each fiscal year. 

Sec. 2. The appropriations made by the 1994 Extra Session of the General 
Assembly in this act for capital improvements are for constructing, repairing, or reno- 
vating State buildings, utilities, and other capital facilities, for acquiring sites for them 
where necessary, and for acquiring buildings and land for State government purposes. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 

PART 2. TITLE OF ACT 

Sec. 3. This act shall be known as the Crime Control and Prevention Act 
of 1994. 

PART 3. GENERAL FUND APPROPRIATIONS 

CURRENT OPERATIONS/GENERAL FUND 

Sec. 4. Appropriations from the General Fund of the State for the maintenance 
of the State departments, institutions, and agencies, for one-time expenditures, and for 
other purposes as enumerated are made for the biennium ending June 30, 1995, ac- 
cording to the schedule that follows: 

March 25, 1994 



160 



SENATE JOURNAL 



[Extraordinary Session 



Current Operations - General Fund 


1993-94 


1994-95 


General Assembly 






01. Create the Joint Legislative 






Corrections Oversight Committee $ 




$ 25,000 NR 


02. Create the Legislative Study 






Commission on Farm Camp Programs 


25,000 NR 


— 


03. Create a Legislative Study 






on Welfare Reform 


20.000 NR 


40.000 NR 


Total General Assembly 


45,000 


65,000 



Judicial Department 

01. Structured Sentencing Act 
effective October 1, 1994— 

a. Community Penalties (5 positions 
and grants) 

(Hire 8/1/94) 

b. Legal and administrative 
costs (40 positions) 
(Hire 8/1/94) 

02. Provide access to the Police 
Information Network (PIN) to district 
attorneys throughout the State 

03. Reserve for court/drug 
treatment program 

04. Reserve for "Teen Court" programs 
Total Judicial Department 

Office of the Governor 

Office of State Budget and Management 

01. Reserve for study and development 

of a statewide Criminal Justice 





1,788,253 
44,622 NR 


- 


1,559,958 
768,425 NR 


30,000 NR 


- 


- 


800,000 
75.000 



30,000 



5,036,258 



Information Network (CJIN) 


100.000 NR 


930.000 NR 


Total Office of the Governor 


100,000 


930,000 


Public Education 






State Aid to Local School 






Administrative Units 






01. Low Wealth School Systems' 






Supplemental Funding, in 






accordance with Section 138 






of Chapter 321 of the 1993 






Session Laws 


- 


10,000,000 


02. Local Programs to Assist Children 






at Risk of School Failure 


- 


18,237,120 


03. Intervention/Prevention 






Grant Program 


_ 


12.000.000 


Total Public Education 


_ 


40,237,120 



March 25, 1994 



- 


202,628 
22,580 NR 


- 


397,692 
3.074.000 NR 


- 


3,696,900 


- 


2,055,000 


- 


5,000,000 


150,000 NR 




_ 


500.000 



1994] SENATE JOURNAL 161 

Departmen t of Justice 

01. Establish five new positions 

to be assigned to the Department 
of Correction — Attorney I, 
Attorney II, (2) Paralegal II, and 
Administrative Assistant EI 

02. Upgrade Automated Fingerprint 
Identification System(AFIS) 

Total Department of Justice 

Department of Human Resources 
DHR - Secretary 

01. Family Resource Center Grant Program 
$180,000 administrative costs 

02. Grants to "Support Our Students" 
(S.O.S.) Pilot Projects 

03. Conduct a comprehensive study of 
the Division of Youth Services' 
Juvenile Justice System 

04. Expand Family Preservation 
Services Program 

Subtotal DHR - Secretary 150,000 7,555,000 

Division of Mental Health, Developmental 
Disabilities, and Substance Abuse Services 

01. Expand the Student Services Program 
of the N.C. High School Athletic 
Association - Coach Mentor Training - 534,000 

02. Structured Sentencing Act 
effective October 1, 1994 — 
To provide substance abuse treatment 
services to offenders under the 
Treatment Alternatives to Street Crime 
(TASC) Program - 1.359.380 

Subtotal - Mental Health - 1,893,380 

Division of Youth Services 

01. Operating funds for two additional 
Wilderness Camps - 2,566,000 

02. Expand the Governor's One-on-One 
Program and increase the funding 
for each program - 1,150,000 

03. Staff to operate 147 additional 
beds in existing training schools 
including a special education teacher 
and guidance counselor at each school - 7,279,419 

04. Establish Alternatives to Detention 
Program in selected district court judicial 
districts 125,000 500,000 



March 25, 1994 



162 



SENATE JOURNAL 



[Extraordinary Session 



05. Outcome-Based Enhancement of the 

Community-Based Alternatives Program - 

Subtotal - Youth Services 125.000 

Total Department of Human Resources 275,000 

Department of Correction 

01. Structured Sentencing Act 
effective October 1, 1994— 

a. Adult Probation and Parole 
(514 positions) 

(Hire 8/1/94 and 3/1/95) 

b. Administrative Costs for Adult 
Probation and Parole - (10 positions) 
(Hire 8/1/94 and 12/1/94) 



c. Administrative Costs for Central 
Administration Office - (22 positions) 
(Hire 8/1/94 and 12/1/94) 

d. Computer Software 
Operating costs for 208 additional 
beds at Piedmont, Lumberton,Pender, 
Wayne, and Brown Creek 

for a total of 1040 additional beds 

To lease jail space from 

local governments 

To provide for out-of-state 

housing of inmates 

Reserve to allow for contracting of 

500 beds in private alcohol and drug 

treatment centers 



5.000.000 

1 5,495,419 
25,943,799 



02. 



03. 



04. 



05. 



06 



Use existing space more efficiently 

in order to house 500 additional inmates 

07. Operating costs for a new Drug and 
Alcohol Recovery Treatment (DART) Center 

08. Establish a Substance Abuse 
Program in each of five prisons 

located near urban areasthroughout the State 

09. Reserve for the operation of 

a new 90-bed boot camp facility 
for youthful offenders 



14,014,808 
3,088,210 NR 



253,770 
76,818 NR 



1,121,363 

184,519 NR 
2,200,000 NR 



13,466,330 
2,033,670 NR 

8,358,000 

24,972,000 



5,156,740 
16,260 NR 

1,639,500 

1,007,436 
192,564 NR 



1,225,345 
320,000 NR 



1,124,373 
392,293 NR 



March 25, 1994 



1994] SENATE JOURNAL 163 

10. Provide a post-boot camp program 

for up to 180 probationers - 452,619 

11. Additional operating funds to bring on 
line the new facilities constructed with 

$87.5 million prison bonds - 18,991,090 

8,235,572 NR 

12. Operating costs for new facilities coming 
on line — Eastern Processing Center, 
Marion Close Custody Addition, and 

consolidation of five units - 546,720 

125,932 NR 

13. Reserve for establishment of pilot 
programs for treatment of parolees and 

probationers with substance abuse problems - 583,000 

14. Greater After Prison Support Program - 
a community-based pre-release and 

aftercare program for prison inmates - 85,000 

15. Criminal Justice Partnership 
Act effective April 1, 1995— 

a. Grants - 3,000,000 

b. Administration - 146,300 

- 103.700 NR 

Total Department of Correction - 113,113,932 

Department of Crime Control and Public Safety 
01. Structured Sentencing Act 
effective October 1, 1994 — 



Community Services (6 positions) 


— 


168,000 
12,000 NR 


02. Victims Assistance Network 


- 


150,000 


03. Additional Funds to the Crime 






Victims Compensation Fund 


- 


800,000 
3.000.000 NR 


Total Department of Crime Control 






and Public Safety 


- 


4,130,000 


GRAND TOTAL CURRENT OPERATIONS - 






GENERAL FUND - RECURRING 


125,000 


168,266,844 


NONRECURRING 


325,000 


24,386,165 


TOTAL 


$ 450,000 


$193,153,009 



PART 4. CAPITAL IMPROVEMENTS/GENERAL FUND 

Sec. 5. Appropriations are made from the General Fund for the 1993-94 and 
1994-95 fiscal years for use by the State departments, institutions, and agencies to 
provide for capital improvement projects according to the following schedule: 
Capital Improvements - General Fund 1993-94 1994-95 

Department of Administration 

01. Construct 208 additional beds at 

Piedmont, Lumberton, Pender, Wayne, 
and Brown Creek for a total of 1040 
additional prison beds $ 21,483,914 $ 



March 25, 1994 



164 SENATE JOURNAL [Extraordinary Session 

02. Construct Eastern Processing Center. 
Due to subsurface soil conditions and 
wetlands that were unknown at time of 
original project cost estimate, may need 
up to $3.0 million more to complete 

site development for this unit - 21,006,000 

03. Construct an addition at 

Marion Close Custody Unit - 5,358,900 

04. Consolidation of five prison 

units (GPAC Recommendations) - 10,260,500 

05. Construction costs of a new 
Drug and Alcohol Recovery 

Treatment (DART) Center 1,425,000 

06. To construct new 90-bed boot camp 

facility for youthful offenders 1.100.000 - 

Total Department of Administration 24,008,914 36,625,400 

Department of Human Resources 

01. To support construction of two 

additional Wilderness Camps 750,000 - 

02. Reserve for construction of 

one 24-bed Detention Center 1.600.000 = 

Total Department of Human Resources 2,350,000 - 

GRAND TOTAL CAPITAL IMPROVEMENTS - 

GENERAL FUND $ 26,358,914 $36,625,400 

PART 5. PROCEDURES FOR DISBURSEMENTS 

Sec. 6. The appropriations made by the 1994 Extra Session of the General 
Assembly for capital improvements shall be disbursed for the purposes provided by 
this act. Expenditure of funds shall not be made by any State department, institution, 
or agency, until an allotment has been approved by the Governor as Director of the 
Budget. The allotment shall be approved only after full compliance with the Executive 
Budget Act, Article 1 of Chapter 143 of the General Statutes. Prior to the award of 
construction contracts for projects to be financed in whole or in part with self-liquidat- 
ing appropriations, the Director of the Budget shall approve the elements of the method 
of financing of those projects including the source of funds, interest rate, and liquida- 
tion period. Provided, however, that if the Director of the Budget approves the method 
of financing a project, the Director shall report that action to the Joint Legislative 
Commission on Governmental Operations at its next meeting. 

Where direct capital improvement appropriations include the purpose of fur- 
nishing fixed and movable equipment for any project, those funds for equipment shall 
not be subject to transfer into construction accounts except as authorized by the Direc- 
tor of the Budget. The expenditure of funds for fixed and movable equipment and 
furnishings shall be reviewed and approved by the Director of the Budget prior to 
commitment of funds. 

Capital improvement projects authorized by the 1994 Extra Session of the 
General Assembly shall be completed, including fixed and movable equipment and 
furnishings, within the limits of the amounts of the direct or self-liquidating appropri- 
ations provided, except as otherwise provided in this act. 



March 25, 1994 



1994] SENATE JOURNAL 165 

PART 6. GENERAL PROVISIONS 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
SPECIAL FUNDS, FEDERAL FUNDS, AND DEPARTMENTAL RECEIPTS/AU- 
THORIZATION FOR EXPENDITURES 

Sec. 7. There is appropriated out of the cash balances, federal receipts, and depart- 
mental receipts available to each department, sufficient amounts to carry on authorized 
activities included under each department's operations. All these cash balances, federal 
receipts, and departmental receipts shall be expended and reported in accordance with pro- 
visions of the Executive Budget Act, except as otherwise provided by statute, and shall be 
expended at the level of service authorized by the General Assembly. If the receipts, other 
than gifts and grants that are unanticipated and are for a specific purpose only, collected in 
a fiscal year by an institution, department, or agency exceed the receipts certified for it in 
General Fund Codes or Highway Fund Codes, then the Director of the Budget shall 
decrease the amount he allots to mat institution, department, or agency from appropriations 
from that Fund by the amount of the excess, unless the Director of the Budget finds that 
the appropriations from the Fund are necessary to maintain the function that generated the 
receipts at the level anticipated in the certified Budget Codes for that Fund. Funds that 
become available from overrealized receipts in General Fund Codes and Highway Fund 
Codes, other man gifts and grants that are unanticipated and are for a specific purpose 
only, shall not be used for new permanent employee positions or to raise the salary of 
existing employees except 

(1) As provided in G.S. 116-30.1, 116-30.2, 116-30.3, 116-30.4, or 
143-27; or 

(2) If the Director of the Budget finds that the new permanent employee 
positions are necessary to maintain the function that generated the re- 
ceipts at the level anticipated in the certified budget codes for that Fund. 
The Director of the Budget shall notify the President Pro Tempore of the 
Senate, the Speaker of the House of Representatives, the chairmen of the 
appropriations committees of the Senate and the House of Representa- 
tives, and the Fiscal Research Division of the Legislative Services Office 
that he intends to make such a finding at least 10 days before he makes 
the finding. The notification shall set out the reason the positions are 
necessary to maintain the function. 

The Office of State Budget and Management shall report to the Joint Legislative Com- 
mission on Governmental Operations and to the Fiscal Research Division of the Legis- 
lative Services Office within 30 days after the end of each quarter the General Fund 
Codes or Highway Fund Codes that did not result in a corresponding reduced allot- 
ment from appropriations from that Fund. 

The Director of the Budget shall develop necessary budget controls, regulations, 
and systems to ensure that these funds and other State funds subject to the Executive 
Budget Act, are not spent in a manner which would cause a deficit in expenditures. 

Pursuant to G.S. 143-34.2, State departments, agencies, institutions, boards, or 
commissions may make application for, receive, or disburse any form of non-State aid. 
All non-State monies received shall be deposited with the State Treasurer unless otherwise 
provided by State law. These funds shall be expended in accordance with the terms and 
conditions of the fund award that are not contrary to the laws of North Carolina. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
BUDGETING OF PILOT PROGRAMS 

Sec. 8. (a) Any program designated by the General Assembly as experimen- 
tal, model, or pilot shall be shown as a separate budget item and shall be considered 
as an expansion item until a succeeding General Assembly reapproves it. 

Any new program funded in whole or in part through a special appropriations 
bill shall be designated as an experimental, model, or pilot program. 

(b) The Governor shall submit to the General Assembly with his proposed budget 
a report of which items in the proposed budget are subject to the provisions of this section. 



March 25, 1994 



166 SENATE JOURNAL [Extraordinary Session 

Requested by: Representatives Nesbitt, Diamont, Senators Daniel, Plyler 
LIMITATIONS ON DEPARTMENTAL USE OF APPROPRIATIONS 

Sec. 9. (a) Effective on ratification of this act, G.S. 143-23(al) reads as 
rewritten: 

"(al) No transfers may be made between objects or line items in the budget of any 
department, institution, or other spending agency; however, with the approval of the 
Director of the Budget, a department, institution, or other spending agency may spend 
more than was appropriated for an object or line item if the overexpenditure is: 

(1) In a purpose or program for which funds were appropriated for that fiscal 
period and the total amount spent for the purpose or program is no more 
than was appropriated for the purpose or program for the fiscal period; 

(2) Required to continue a purpose or program because of unforeseen 
events, so long as the scope of the purpose or program is not increased; 

(3) Required by a court, Industrial Commission, or administrative hearing 
officer's order or award or to match unanticipated federal funds; 

(4) Required to respond to an unanticipated disaster such as a fire, hurri- 
cane, or tornado; or 

(5) Required to call out the National Guard. 

The Director of the Budget shall report on a quarterly basis to the Joint Legislative 
Commission on Governmental Operations and to the Fiscal Research Division of the 
Legislative Services Office the reason if the amount expended for a purpose or pro- 
gram is more than the amount appropriated for it from all sources. If the overexpendi- 
ture was authorized under subdivision (2) of this subsection, the Director of the Budget 
shall identify in the report the unforeseen event that required the overexpenditure. 
(a2) Funds appropriated for salaries and wages are also subject to the limitation that 
they may only be used for (i) salari e s for : 

(I) Salaries and wages or for premium pay, overtime pay, longevity, unem- 
ployment compensation, workers' compensation, temporary wages, een- 
tract e d p e rsonal s e rvic e s , moving e xp e ns e s, expenses of employees, pay- 
ment of accumulated annual leave, certain awards to employees, tort 
claims, and employer's social security, retirement, and hospitalization 
payments; or (ii) us e s 
(2} Contracted personal services if (i) the contract is for temporary services 
or special project services, (ii) the term of the contract does not extend 

beyond the fiscal year, and (iii) the contract does wt impose obligations 

on the State after the end of the fiscal year: and 
£21 Uses for which ov e r e xp e nditur e s overexpenditures are permitted by subdi- 
visions (3), (4), and (5) of this subsection (ai) of this section but the 
Director of the Budget shall include such use and the reason for it in his 
quarterly report to the Joint Legislative Commission on Governmental Op- 
erations and to the Fiscal Research Division of the Legislative Services 
Office. 
Lapsed salary funds that become available from vacant positions are also subject to 
the limitation that they may not be used for new permanent employee positions or to 
raise the salary of existing employees. 

(a3) The requirements in this section that the Director of the Budget report to the 
Joint Legislative Commission on Governmental Operations shall not apply to expendi- 
tures of receipts by entities that are wholly receipt supported, except for entities sup- 
ported by the Wildlife Resources Fund." 

(b) Effective July 1, 1994, G.S. 143-23(al), as rewritten by subsection (a) of 
this section, reads as rewritten: 

"(al) No transfers may be made between objects or line items in the budget of any 
department, institution, or other spending agency; however, with the approval of the 
Director of the Budget, a department, institution, or other spending agency may spend 
more than was appropriated for an object or line item if the overexpenditure is: 



March 25, 1994 



1994] SENATE JOURNAL 167 

(1) In a purpose or program for which funds were appropriated for that fiscal 
period and the total amount spent for the purpose or program is no more 
than was appropriated for the purpose or program for the fiscal period; 

(2) Required to continue a purpose or program because of unforeseen 
events, so long as the scope of the purpose or program is not increased; 

(3) Required by a court, Industrial Commission, or administrative hearing 
officer's order or award or to match unanticipated federal funds; 

(4) Required to respond to an unanticipated disaster such as a fire, hurri- 
cane, or tornado; or 

(5) Required to call out the National Guard. 

If the total of all overexpenditures of a line item approved by the Director of the 
Budget for a fiscal year for the purposes set out in subdivisions (1) and (2) of this 
subsection exceeds ten percent (10%) of the line item amount in the budget enacted by 
the General Assembly, the Director of the Budget shall report monthly to the Joint 
Legislative Commission on Governmental Operations. The report shall include the 
reasons that make overexpenditures necessary and any unforeseen events necessitating 
overexpenditures that occurred after the budget was enacted by the General Assembly. 
The Director of the Budget shall report on a quarterly basis to the Joint Legislative 
Commission on Governmental Operations and to the Fiscal Research Division of the 
Legislative Services Office the reason if the amount expended for a purpose or pro- 
gram is more than the amount appropriated for it from all sources. If the overexpendi- 
ture was authorized under subdivision (2) of this subsection, the Director of the Budget 
shall identify in the report the unforeseen event that required the overexpenditure." 

(c) Effective July 1, 1994, G.S. 143-23(a2), as enacted by subsection (a) of 
this section, reads as rewritten: 

"(a2) Funds appropriated for salaries and wages are also subject to the limitation that 
they may only be used for: 

(1) Salaries and wages or for premium pay, overtime pay, longevity, unem- 
ployment compensation, workers' compensation, temporary wages, mov- 
ing expenses of employees, payment of accumulated annual leave, cer- 
tain awards to employees, tort claims, and employer's social security, 
retirement, and hospitalization payments; 

(2) Contracted personal services if (i) the contract is for temporary services 
or special project services, (ii) the term of the contract does not extend 
beyond the fiscal year, an4 (iii) the contract does not impose obligations 
on the State after the end of the fiscal year; and (iv) the total of all 
overexpenditures for contracted personal services approved in a prog ram 
for a fiscal year do es not exceed the greater of five hundred thousand 
dollars ($500.000) or ten percent (10%) of the lapsed salary f unds in the 
program for the fis cal year: and 

(3) Uses for which overexpenditures are permitted by subdivisions (3), (4), 
and (5) of subsection (al) of this section but the Director of the Budget 
shall include such use and the reason for it in his quarterly report to the 
Joint Legislative Commission on Governmental Operations and to the 
Fiscal Research Division of the Legislative Services Office. 

Lapsed salary funds that become available from vacant positions are also subject to 
the limitation that they may not be used for new permanent employee positions or to 
raise the salary of existing employees." 

(d) Effective from the ratification of this act through June 30, 1994, subsection 
(a) of this section does not apply to contracts entered into by the Department of 
Correction for the confinement of prisoners in non-State facilities. 

(e) The Director of the Budget shall either realign the line items in the proposed 
supplemental budget for the 1994-95 fiscal year so as to minimize overexpenditures of 
funds pursuant to G.S. 143-23 or include with the proposed supplemental budget for the 
1994-95 fiscal year a statement identifying the line items that have been consistently over- 
expended pursuant to G.S. 143-23 over the prior two fiscal bienniums. 

March 25, 1994 



168 



SENATE JOURNAL 



[Extraordinary Session 



Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
EXPENDITURES OF FUNDS IN RESERVES LIMITED 

Sec. 10. All funds appropriated by this act into reserves may be expended 
only for the purposes for which the reserves were established. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
STATE MONEY RECIPIENTS/CONFLICT OF INTEREST POLICY 

Sec. 11. Each private, nonprofit entity eligible to receive State funds, either by 
General Assembly appropriation, or by grant, loan, or other allocation from a State 
agency, before funds may be disbursed to the entity, shall file with the disbursing 
agency a notarized copy of that entity's policy addressing conflicts of interest that may 
arise involving the entity's management employees and the members of its board of 
directors or other governing body. The policy shall address situations where any of 
these individuals may directly or indirectly benefit, except as the entity's employees or 
members of the board or other governing body, from the entity's disbursing of State 
funds, and shall include actions to be taken by the entity or the individual, or both, to 
avoid conflicts of interest and the appearance of impropriety. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
BUDGET REFORM STATEMENT 

Sec. 12. (a) The General Fund availability used in developing the budget 
enacted in this Act, is shown below: 

199 3-94 



AVAILABILITY: 

Estimated Remaining Balance 

from 1993-94 
Unappropriated Balance from 

the 1993 Session 
Revenue Forecast Increase 
Disproportionate Share 

Receipts 

Total Availability 

Appropriation Increases: 
Current Operations 
Capitol Improvements 

TOTAL APPROPRIATIONS 

Unobligated Availability 
1993-94 Estimated Reversions 
Total Credit Balance 

Earmarking: 
Savings Reserve 

Repairs and Renovations Reserve 
Total Earmarking 

Estimated Remaining Balance 



$ - 



1994-95 
Recurring Nonrecurring 



$178.6 



4.7 
156.0 


209.6 
160.0 


— 






94.0 


$160.7 


$369.6 


$272.6 


.5 
26.4 


168.3 


24.9 
36.6 


$ 26.9 


$168.3 


$61.5 


133.8 

184.4 
$318.2 


- 


- 


79.6 
$139.6 






$178.6 


$201.3 


$211.1 



Estimate of Disproportionate Share Receipts to be deposited as a nontax revenue and 
reserved by the State Controller: 

1993-94 $114.2 

1993-94 Estimated Overcollections 85.0 

TOTAL $199.2 



March 25, 1994 



1994] SENATE JOURNAL 169 

(b) The 1994-95 Unappropriated Balance of $209.6 million from the 1993 
Session stated in subsection (a) of this section is included in Total Availability as stated 
in Section 8 of Chapter 561 of the 1993 Session Laws. All other amounts in subsec- 
tion (a) are increases in that Total Availability. 
PART 7. OFFICE OF STATE BUDGET AND MANAGEMENT 

Requested by: Senators Daniel, Plyler, Odom, Ballance, 

Representatives Nesbitt, Diamont, Gist, Holt 
CRIMINAL JUSTICE INFORMATION NETWORK 

Sec. 13. (a) Of the funds appropriated in this act to the Office of State Budget 
and Management, the sum of one hundred thousand dollars ($100,000) for the 1993-94 
fiscal year shall be used to study the development of a Criminal Justice Information Net- 
work that links together data in existing databases and networks. Any of these funds 
unexpended at the end of the 1993-94 fiscal year shall not revert but shall remain avail- 
able to complete this study. Of the funds appropriated in this act to the Office of State 
Budget and Management for the 1994-95 fiscal year the sum of nine hundred thirty 
thousand dollars ($930,000) shall be placed in a reserve, to be allocated as prescribed by 
the 1993 General Assembly, Regular Session 1994. This study shall include: 

(1) An assessment of the functionality of information currently used by the 
General Court of Justice, State and local law enforcement agencies, correc- 
tion agencies, and State departments or agencies related to the criminal 
justice system and the juvenile justice system, and an evaluation of the need 
for systems integration or system enhancements, in particular the need for a 
comprehensive DWI database and for systems integration of the Department 
of Correction's Offender Management Information System; 

(2) A determination of the technical feasibility of incorporating all or por- 
tions of currently existing information systems and all or portions of 
new information systems into a comprehensive statewide Criminal Jus- 
tice Information Network (CJIN); 

(3) An evaluation of feasible CJIN designs at no fewer than three alternative 
levels of costs (both capital and future operating), and a clear description 
of the benefits and costs associated with each level; 

(4) An estimation of a development and implementation schedule for each 
level of costs, showing milestones to be achieved during each phase of 
the schedule, costs to be incurred during each phase, and any benefits 
and savings expected at intermediate stages of CJIN development and 
implementation; 

(5) An evaluation of alternative structures for CJIN management, including 
accountability for CJIN operations, criteria for membership or participa- 
tion, procedures to prevent inappropriate or illegal access, and steps to 
assure data quality and accuracy; 

(6) Recommendations of measures for savings, efficiency, and effectiveness 
that will enable the General Assembly to gauge CJIN performance; 

(7) Assurances that the integrated CJIN shall be consistent and compatible 
with a comprehensive telecommunications plan as approved by the In- 
formation Resource Management Commission; and 

(8) A plan for a statewide integrated law enforcement communications sys- 
tem and a study of the costs of making that system available to local 
governments. 

(b) There is created within the Office of State Budget and Management a 
Criminal Justice Information Network study committee to conduct the study required 
under this section. The study committee shall be appointed by the Governor in con- 
sultation with the Lieutenant Governor, the Attorney General, and the Chief Justice of 
the North Carolina Supreme Court. The Governor shall appoint no more than nine 
members to the study committee, and shall make the appointments based upon the 
appointees' knowledge, expertise, and responsibility within the criminal justice system, 
the juvenile justice system, and related areas. All State and local government agencies 

March 25, 1994 



170 SENATE JOURNAL [Extraordinary Session 

shall cooperate fully with the study committee. The study committee shall provide a 
monthly report on its progress (i) to the Chairs of the Senate and House Appropri- 
ations Committees, (ii) to the Chairs of the Senate and House Justice and Public Safety 
Appropriations Subcommittees, and (iii) to the Information Resources Management 
Commission established by G.S. 143B-426.21 at the regularly scheduled meetings of 
the Commission. The study committee shall report its final findings and recommenda- 
tions to the General Assembly on or before February 1, 1995, and shall make an 
interim report by May 15, 1994. 

PART 8. ADVANCE STRUCTURED SENTENCING 

Requested by: Representatives Barnes, Nesbitt, Diamont, Gist, Holt, Redwine, Mi- 

chaux, Bowie, Senators Daniel, Plyler, Odom, Ballance 
ADVANCE STRUCTURED SENTENCING/CRIMINAL JUSTICE PART- 
NERSHIP ACT/PAROLE NONVIOLENT INMATES CONFORM EFFECTIVE 
DATE TO STRUCTURED SENTENCING 

Sec. 14. (a) G.S. 15A-1340.10, as enacted by Section 1 of Chapter 538 of 
the 1993 Session Laws, reads as rewritten: 
"§ 15A-1340.10. Applicability of structured sentencing. 

This Article applies to criminal offenses in North Carolina, other than impaired 
driving under G.S. 20-138.1 that occur on or after January 1, 1995, October 1. 1994. " 

(b) Section 56 of Chapter 538 of the 1993 Session Laws reads as rewritten: 
"Sec. 56. This act becomes effective January 1, 1995, October 1. 1994. and applies 

only to offenses occurring on or after that date. Prosecutions for, or sentences based 
on, offenses occurring before the effective date of this act are not abated or affected by 
the repeal or amendment in this act of any statute, and the statutes that would be 
applicable to those prosecutions or sentences but for the provisions of this act remain 
applicable to those prosecutions or sentences." 

(c) Section 1359 of Chapter 539 of the 1993 Session Laws reads as rewritten: 
"Sec. 1359. This act becomes effective January 1, 1995, October 1. 1994 . and applies 

to offenses occurring on or after that date. Prosecutions for offenses committed before the 
effective date of this act are not abated or affected by this act, and the statutes that would 
be applicable but for this act remain applicable to those prosecutions." 

(d) Section 2 of Chapter 534 of the 1993 Session Laws reads as rewritten: 
"Sec. 2. This act becomes effective January 1, 1994. Grants administered under this 

act shall become effective Ju4y April 1, 1995. The Department of Correction may use 
funds available to support the administration of the State-County Criminal Justice 
Partnership program effective January 1, 1994." 

(e) Section 4 of Chapter 15 of the Session Laws of the Extra Session of 1994 
is amended by deleting "January 1, 1995", and substituting "October 1, 1994". 

PART 9. DEPARTMENT OF CORRECTION 

Requested by: Senators Ballance, Odom, Daniel, Plyler, 

Representatives Nesbitt, Diamont, H. Hunter, Holt, Bowie, Michaux 
LEASE JAIL SPACE 

Sec. 15. (a) Funds appropriated in this act to the Department of Correction 
for leasing jail space from local governments to house inmates committed to the De- 
partment's custody shall be used for this purpose only and shall not be transferred. 

(b) This section becomes effective July 1, 1994. 

Requested by: Senators Odom, Ballance, Daniel, Plyler, 

Representatives Gist, Holt, Redwine, Nesbitt, Diamont, Michaux, Bowie 
DEPARTMENT OF CORRECTION CONTRACTS FOR IN-STATE/OUT-OF- 
STATE HOUSING OF INMATES 

Sec. 16. (a) G.S. 148-37 reads as rewritten: 
"§ 148-37. Additional facilities authorized; contractual arrangements. 

(a) Subject to the provisions of G.S. 143-341, the State Department of Correction 
may establish additional facilities for use by the Department, such facilities to be either 

March 25, 1994 



1994] SENATE JOURNAL 17 1 

of a permanent type of construction or of a temporary or movable type as the Depart- 
ment may find most advantageous to the particular needs, to the end that the prisoners 
under its supervision may be so distributed throughout the State as to facilitate individ- 
ualization of treatment designed to prepare them for lawful living in the community 
where they are most likely to reside after their release from prison. For this purpose, 
the Department may purchase or lease sites and suitable lands adjacent thereto and 
erect necessary buildings thereon, or purchase or lease existing facilities, all within the 
limits of allotments as approved by the Department of Administration. 

(b) The Secretary of Correction may contract with the proper official of the United 
States or of any county or city of this State for the confinement of federal prisoners 
after they have been sentenced, county, or city prisoners in facilities of the State prison 
system or for the confinement of State prisoners in any county or any city facility 
located in North Carolina, or any facility of the United States Bureau of Prisons, when 
to do so would most economically and effectively promote the purposes served by the 
Department of Correction. Any contract made under the authority of this section shall 
be for a period of not more than two years, and shall be renewable from time to time 
for a period not to exceed two years. Contracts for receiving federal, county and city 
prisoners shall provide for reimbursing the State in full for all costs involved. The 
financial provisions shall have the approval of the Department of Administration before 
the contract is executed. Payments received under such contracts shall be deposited in 
the State treasury for the use of the State Department of Correction. Such payments are 
hereby appropriated to the State Department of Correction as a supplementary fund to 
compensate for the additional care and maintenance of such prisoners as are received 
under such contracts. 

(c) In addition to the authority contained in subsections (a) and (b) of this section, 
and in addition to the contracts ratified by subsection (f) of this section, the Secretary 
of Correction mav enter into contracts with anv public entity for the confinement and 
care of State prisoners in any out-of-state public correctional facility when to do so 
would most economically and effectively promote the purposes served bv the Depart- 
ment of Correction, Subject to the provisions of subsection (e) of this section, the 
combined authority contained in this subsection and in subsection (f) of this section 

may be used to house a maximum of 1.000 prisoners at any one time, which maxi- 
mum shall include those housed on Mflrch 25, 1994, upder contracts ratified by sub- 
section (f) of this section. Prisoners may be sent to out-of-state correctional facilities 
only when there are no available facil iti e s in this Stat e w ith i n the St ate prison system 
to a ppropriately house those prisoners. Any contract made under the authority of this 
subsection shall expire not later than June 30. 1995. and shall be approved bv the 
Department of Administration before the contract is executed. 

(d) Prisoners confined in out-of-state correctional facilities pursuant to subsection 

(c) of this section shall remain subject to the rules adopt ed for the co nduct of persons 
committed to the State prison system. The rules regarding good time and gain time, 
discipline, classification, extension Q f t fre limits of confinement, transfers, housing ar- 
ran gements, and eligibility for parole shall apply to inmates housed in those out-of- 
state correctional facilities, The operators pf those out-of-state correctional facilities 
mav promulgate any other rules as mav be necessary for the operation of those facili- 
ties with the written approval Qf the gepretary of Correction. Custodial officials 
employed bv an out-of-state correctional facility are agents of the Secretary of Correc- 
tion and may use those procedures for use of force authorized by the Secretary of 

Correction not inconsistent with the laws of the State of situs of the facility to defend 
themselves, to enforce the obs ervance of discipline in compliance with correctional 

facility rules, to secure the person of a prisoner, and to prevent escape. Prisoners 
confined to ouHrf-state correctional facilities may be required to perform reasonable 

work assignments within those facilities. 

{e) — The Department of Correction sha ll not contract to house in non-State-owned 
facilities within the State more than a total of 1.500 inmat es at any one time, excluding 
anv beds in private substance abuse treatment centers authorized by the General Assembly. 

March 25, 1994 



172 SENATE JOURNAL [Extraordinary Session 

If the num ber of in mates housed in non-^State-owned facilities pursuant to this section 
exceeds 500. then the maximum number of prisoners authorized to be housed out-of-state 
pursuant to subsection (c) of this section is reduced by the amount of the excess." 

(b) G.S. 148-37 is amended by adding a new subsection to read: 

"ffl Anv contracts entered into bv the Department of Correction with public con- 
tractors prior to March 25. 1994. for the out-of-state housing of inmates are ratified. 
The Department of Correction shall take such actions not inconsistent with the terms of 
the contracts so that without further approval bv the General Assembl y they are not 
effective for the confinement or care of State prisoners after June 30. 1995." 

(c) Subsections (a) and (b) of this section are effective upon ratification, but 
subsection (a) of this section expires on June 30, 1995. 

Requested by: Representatives Nesbitt, Diamont, Mavietic, 

Senators Daniel, Plyler, Odom, Ballance 
DEPARTMENT OF CORRECTION STUDY OF HOUSING OF CERTAIN FEL- 
ONS OUTSIDE THE STATE OF NORTH CAROLINA 

Sec. 17. The Department of Correction shall study the issue of private, out- 
of-country placement of felons of 16 years of age or older who are sentenced to prison 
for 10 or more years in correctional facilities that equal or exceed the standards for 
adult correctional institutions of the American Correctional Association for construction 
and habitation and are: 

(1) Operated by any governmental unit within any U.S. state, the District of 
Columbia, the Commonwealth of Puerto Rico, or any territory or posses- 
sion of the United States; or 

(2) a. Operated by any corporation or other business entity organized un- 

der the laws of any U.S. state, the District of Columbia, the Com- 
monwealth of Puerto Rico, or any territory or possession of the 
United States; and 
b. Located within the boundaries of any U.S. state, the District of 
Columbia, the Commonwealth of Puerto Rico, any territory or pos- 
session of the United States, or any nation that is a signatory of the 
North American Free Trade Agreement (NAFTA), as approved by 
the United States in Pub. L. No. 103-182, 107 Stat 2057 (1993). 
The Department shall report the results of this study to the 1993 General 
Assembly, Regular Session 1994. 
Requested by: Representatives Nesbitt, Diamont, Gist, Holt, Redwine, Bowie, Michaux, 

Senators Odom, Ballance, Daniel, Plyler 
REPORT ON PLAN FOR CONTRACTING WITH PRIVATE SUBSTANCE 
ABUSE TREATMENT CENTERS 

Sec. 18. The Department of Correction shall report to the General Assembly 
by May 15, 1994, on its plan for the use of funds appropriated to it in this act for the 
1994-95 fiscal year for contracts for 500 beds in private substance abuse treatment 
centers, not to exceed 100 beds at any one center, including any recommended changes 
in legislation necessary to authorize these contracts. The Department of Human Re- 
sources shall provide any technical assistance requested by the Department of Correc- 
tion on the preparation of the plan. 
Requested by: Senators Perdue, Martin of Guilford, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Easterling, Holt, Bowie, Redwine 
BOOT CAMP FUNDS 

Sec. 19. (a) Of the funds appropriated in this act to the Department of Correction 
the sum of one million five hundred sixteen thousand six hundred sixty-six dollars 
($1,516,666) for the 1994-95 fiscal year shall be placed in a reserve for the operation of a 
new boot camp for youthful offenders to be brought on line in the 1994-95 fiscal year 
under the construction program provided for in this act The boot camp shall operate 
according to the guidelines set forth for the Intensive Motivational Program of Alternative 
Correctional Treatment (IMPACT) in Chapter 1010 of the 1989 Session Laws. 

March 25, 1994 



1994] SENATE JOURNAL 173 

(b) Of the funds appropriated in this act to the Department of Correction the 
sum of four hundred fifty-two thousand six hundred nineteen dollars ($452,619) for 
the 1994-95 fiscal year shall be used to provide a post-boot camp program for proba- 
tioners who are likely to benefit from such a program in order to assist them to 
become productive citizens and to remain free from criminal activity. The Department 
shall select up to 180 probationers to participate in the program, which shall include 
intensive probation supervision, substance abuse treatment and counseling, family con- 
tact, involvement, and counseling, consultation with appropriate personnel in the De- 
partment of Human Resources in establishing participation by probationers in appropri- 
ate community-based services, and other appropriate intervention. 

(c) The Department of Correction shall evaluate the IMPACT program and the 
post-Boot Camp probation program funded under this section and report to the Joint 
Legislative Commission on Governmental Operations, the Joint Legislative Corrections 
Oversight Committee, and the Fiscal Research Division prior to January 1, 1995, and 
annually thereafter. The evaluation of the IMPACT program shall compare that pro- 
gram's effectiveness, cost, and recidivism rate to other corrections programs for offend- 
ers aged 16-25. The evaluation of the post-Boot Camp probation program shall 
compare that program's effectiveness, cost, and recidivism rate to other probation pro- 
grams for offenders aged 16-25. 

Requested by: Senators Daniel, Plyler, 

Representatives Nesbitt, Diamont, H. Hunter, Holt, Red wine, Michaux, 

Bowie 
EXPAND PRISON SUBSTANCE ABUSE PROGRAMS 

Sec. 20. Of the funds appropriated in this act to the Department of Correction 
the sum of one million five hundred forty-five thousand three hundred forty-five 
dollars ($1,545,345) for the 1994-95 fiscal year shall be used to establish a substance 
abuse program in five or more prisons located near urban areas throughout the State. 
Each program shall be established in accordance with Article 6 of Chapter 143B of the 
General Statutes. The funds shall be allocated such that each prison shall provide 
substance abuse services to no more than 100 inmates. 

Requested by: Senators Shaw, Ballance, Odom, Daniel, Plyler, 

Representatives Holt, Gist, Redwine, H. Hunter, Michaux, Bowie 
WORK CAMP PILOT PROGRAM 

Sec. 21. (a) The Department of Correction shall develop plans for a pilot 
program in which the Department enters a partnership with a county or coalition of 
counties for the operation of a 340-bed work camp located at a site to be agreed upon 
by the Department of Correction and the county or coalition of counties. The county 
or coalition of counties shall agree to operate the work camp in exchange for authori- 
zation to use the minimum security inmates housed at the camp for work at public 
facilities and for any other suitable productive labor at sites within the county or 
coalition of counties entering the agreement. 

The plan shall provide for making space available in the work camp in such a 
manner that judges passing sentence in the General Court of Justice within the county or 
counties participating in the pilot program may assign defendants to the prison work camp. 

(b) The Department of Correction shall report on the plan developed pursuant 
to this section to the Joint Legislative Commission on Governmental Operations by 
May 15, 1994. 
Requested by: Senators Martin of Guilford, Odom, Ballance, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Easterling, Holt, Redwine, Bowie, Mi- 
chaux 
DEPARTMENT OF CORRECTION/DEPARTMENT OF HUMAN RESOURCES 
JOINT PLAN/RESERVE FOR SUBSTANCE ABUSE TREATMENT PILOT 
PROGRAM FOR PAROLEES AND PROBATIONERS 

Sec. 22. (a) Of the funds appropriated in this act to the Department of 
Correction, the sum of five hundred eighty-three thousand dollars ($583,000) for the 

March 25, 1994 



174 SENATE JOURNAL [Extraordinary Session 

1994-95 fiscal year shall be placed in a reserve for an intensive out-patient substance 
abuse treatment pilot program for parolees and probationers with serious substance 
abuse histories, to be allocated as prescribed by the 1993 General Assembly, Regular 
Session 1994. The Department of Correction and the Department of Human Resources 
shall jointly develop a plan for the development and implementation of an intensive 
out-patient substance abuse treatment pilot program for parolees and probationers with 
serious substance abuse histories. The Departments shall report this plan jointly to the 
General Assembly not later than May 15, 1994. 

(b) In preparing the plan and the report, the Department of Correction and the 
Department of Human Resources shall consult with the following: 

(1) Staff from the Department of Correction Substance Abuse Program; 

(2) The Department of Correction Adult Probation and Parole Program; 

(3) The Department of Human Resources' Substance Abuse Services; 

(4) The Parole Commission, to be renamed the Post-Release Supervision 
and Parole Commission as of the effective date of the Structured Sen- 
tencing Act, Chapters 538 and 539 of the 1993 Session Laws; 

(5) Any other State or local programs the Departments consider necessary; 

(6) Representatives of business and industry who have an interest in job 
placement for ex-offender recovering substance abusers; and 

(7) Ex-offender recovering substance abusers. 

Requested by: Senators Kerr, Cooper, Soles, Daniel, Plyler, 

Representatives Holt, Gist, Redwine, Michaux, Bowie 
PROBATION/PAROLE DIVERSION STUDY 

Sec. 23. The Department of Correction, Division of Adult Probation and 
Parole, shall study the feasibility of diverting probation and parole violators into resi- 
dential community corrections centers similar to those currently being operated in other 
states. The study shall examine the possibility of housing probation and parole viola- 
tors, who currently constitute approximately fifty-three percent (53%) of prison admis- 
sions in this State, in separate facilities operated as work camps, substance abuse treat- 
ment centers, or any other type of facilities designed to address the special problems of 
probation and parole violators. The Department of Correction, Division of Adult 
Probation and Parole, shall report its findings and recommendations to the 1994 Regu- 
lar Session of the 1993 General Assembly. 

Requested by: Senators Hoyle, Cooper, Soles, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Redwine, Bowie, Michaux, Holt 
GREATER AFTER PRISON SUPPORT PROGRAM 

Sec. 24. (a) With respect to funds appropriated in this act to the Department 
of Correction, Division of Prisons, the Greater After Prison Support Program shall 
report quarterly to the Joint Legislative Commission on Governmental Operations on 
the expenditure of State appropriations and on the effectiveness of the program, includ- 
ing information on the number of clients served, the number of clients who complete 
the prerelease component of the program, and the number of clients who participate in 
the postrelease component of the program. 

(b) The Department of Correction shall track the Greater After Prison Support 
program with an evaluation model consistent with existing models that show the im- 
pact of the program on participants regarding postrelease parole violations, rearrests, 
and recidivism rates. The Department shall provide a written evaluation of the pro- 
gram to the Chairs of the House and Senate Appropriations Committees and the Chairs 
of the House and Senate Subcommittees on Justice and Public Safety, the Joint Legis- 
lative Commission on Governmental Operations, and the Fiscal Research Division by 
May 15, 1995. 

(c) This section becomes effective July 1, 1994. 



March 25, 1994 



1994] SENATE JOURNAL 175 

Requested by: Representatives Nesbitt, Diamont, Holt, Redwine, Michaux, Bowie 

Senators Daniel, Plyler, Odom, Ballance 
PROBATION/PAROLE STUDY 

Sec. 25. The Department of Correction shall study methods for reducing the 
paperwork required of probation and parole officers in order to allow more time for those 
officers to supervise probationers and parolees. The Department shall report its findings to 
the Joint Legislative Commission on Governmental Operations, to the Chairs of the House 
and Senate Appropriations Committees, and to the Chairs of the House and Senate Ap- 
propriations Subcommittees on Justice and Public Safety by May 15, 1994. 

Requested by: Senators Lee, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Holt, Redwine, Bowie, Michaux 
STUDY OF PRISON ENTERPRISES AND PRISON CANTEEN FUNDS 

Sec. 26. The Department of Correction shall study the use of net profits from 
Prison Enterprises and Prison Canteen funds. The Department shall report the results 
of this study no later than May 15, 1994, to the Joint Legislative Commission on 
Governmental Operations, the Chairs of the Senate and House of Representatives Ap- 
propriations Committees, and the Chairs of the Senate and House of Representatives 
Appropriations Subcommittees on Justice and Public Safety. 

Requested by: Senator Daniel, Representatives Nesbitt, Diamont 
STUDY BUNKING OF INMATES IN SHIFTS 

Sec. 27. The Department of Correction shall study the issue of bunking in- 
mates in shifts and shall report its findings and recommendations to the Joint Legisla- 
tive Commission on Governmental Operations, the Chairs of the Senate and House of 
Representatives Appropriations Committees, and the Chairs of the Senate and House of 
Representatives Appropriations Subcommittees on Justice and Public Safety. This re- 
port shall be made not later than May 15, 1994. 

PART 10. DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY 

Requested by: Senators Cooper, Soles, Daniel, Plyler, 

Representatives Gist, Holt, Redwine, Bowie, Michaux 
VICTIMS ASSISTANCE NETWORK FUNDS 

Sec. 28. (a) Of the funds appropriated in this act to the Department of Crime 
Control and Public Safety, the sum of one hundred fifty thousand dollars ($150,000) 
for the 1994-95 fiscal year shall be used to support the Victims Assistance Network. 
These funds shall be used by the Victims Assistance Network to perform the following 
functions under the direction of and as required by the Department of Crime Control 
and Public Safety: 

(1) Conduct surveys and gather data on crime victims and their needs; 

(2) Act as a clearinghouse for crime victims services; 

(3) Provide an automated crime victims bulletin board for subscribers; 

(4) Coordinate and support the activities of other crime victims advocacy 
groups; 

(5) Identify training needs of crime victims services providers and criminal 
justice personnel and coordinate training efforts for those persons; and 

(6) Provide other services as identified by the Governor's Crime Commis- 
sion or the Department of Crime Control and Public Safety. 

(b) This section becomes effective July 1, 1994. 

Requested by: Senators Daniel, Carpenter, Plexico, 

Representatives Nesbitt, Diamont, Holt, Redwine, Michaux, Bowie 
STUDY NEED FOR ESTABLISHING FUND TO REWARD FOR INFORMA- 
TION LEADING TO CONVICTION OF DRUG DEALERS/STUDY FUNDING 
CRIME STOPPERS 

Sec. 29. (a) The Department of Crime Control and Public Safety, in consulta- 
tion with the Department of Correction, shall study the need for a fund to reward 

March 25, 1994 



176 SENATE JOURNAL [Extraordinary Session 

persons providing information leading to the arrest and conviction of drug dealers. The 
Department shall report to the Joint Legislative Commission on Governmental Operations, 
the Chairs of the Senate and House of Representatives Appropriations Committees, and the 
Chairs of the Senate and House of Representatives Appropriations Subcommittees on Jus- 
tice and Public Safety. This report shall be made not later than May 15, 1994. 

(b) The Department of Crime Control and Public Safety shall study the need 
for providing funds to North Carolina Crime Stoppers to be used as seed money for 
new crime stoppers programs and for providing funds for local crime stoppers pro- 
grams. The Department of Crime Control and Public Safety shall report to the Joint 
Legislative Commission on Governmental Operations, the Chairs of the Senate and 
House of Representatives Appropriations Committees, and the Chairs of the Senate and 
House of Representatives Appropriations Subcommittees on Justice and Public Safety. 
This report shall be made not later than May 15, 1994. 

PART 11. DEPARTMENT OF HUMAN RESOURCES 

Requested by: Senators Perdue, Martin of Guilford, Daniel, Plyler, Ballance, Cooper, 
Odom, Soles, Representatives Barnes, Fitch, Easterling, Holt, H. Hunter, 
Nye, Nesbitt, Diamont, Redwine 
SUPPORT OUR STUDENTS (S.O.S.) PROGRAM 

Sec. 30. (a) Article 3 of Chapter 143B of the General Statutes is amended by 
adding a new Part to read: 

" Part 5 A. S.O.S. Program. 

"§ 143P-1524 t Establishment of program; p urpos e; g oals , 

(a) There is created in the Department of Human Resources the Support Our Students 
(S.O.S.^ Program. The purpose of the program is to award grants to neighborhood- and 
community-based organizations to establish local S.O.S. programs that provide high quality 
after-school activities for school-aged children and provide for comprehensive, collabora- 
tive delivery of services by public ami nonpublic agencies to these cfafcfren, These services 

shall be designed to enrich and make a positive impact on the lives of school-aged chil- 
dren. These after-school activities may include activities after the regular school day and 
activities on days that students are not required to attend school. 

(b) The goals of the program are to: 

£1) Reduce juvenile crime in lopaj communities served by the program; 

£21 Recruit community volunteers to provide positive adult role models for 
school-aged children and to help supervise after-school activities: 

(21 Reduce the number of students who are unsupervised after school, other- 
wise known as 'latchkey ' children: 

£41 Improve the academic performance of students participating in the program: 

(5) Meet the physical, intellectual emotional and social needs of students par- 
ticipating in the program and improve their attitudes and behavior, and 

£6} Improve coordination of existing resources and enhance collaboration so 
as to provide services to school-ag ed children effectively and efficiently. 

" 5 143P - i 5 2 ,2, Defin it ion s. 

As used in this Part, 'school-ageo 1 children' means children enrolled in kindergarten 
through the ninth grade. 
"§ 143B-152.3. Administration of the program. 

The Department shall develop and implement the Support Our Students ($,Q,S,) 
Program- The Department shall; 

£JQ Sponsor a statewide conference each year for teams of interested repre- 
sentatives to provide background information and assistance regarding all 
aspects of the program: 
£21 Disseminate information regarding the program to interested neighbor- 
hood and community groups: 
£21 Develop and disseminate a request for applications to establish local 
S,Q,S, p rograms; 

March 25, 1994 



1994] SENATE JOURNAL 177 

£4) Provide initial technic al assistance to grant applicants and ongoing tech- 
nical assistance as grants are implemented: 

£51 Administer funds appropriated bv the General Assembly: 

££1 Monitor the grants funded: 

£Z) Revoke a grant if necessary or appropriate: 

£g) Develop and implement a performance-based evaluation system to eval- 
uate the program, in accordance with G.S. 143B-152.7(a): 

£2) Report on t he program implementation to the General Assembly, the 
Joint Legislative Committee on Governmental Operations, and the Office 
of the Governor, in accordance with G.S. 143B-152.7(b > ): and 

£10) Adopt any rules necessary to implement this Part. 
"$ 143B-152.4. Eligible applicants: application for grants. 

(a) A community- or neighborhood-based 501(c)(3) entity or a consortium consist- 
ing of one or more local 501(cH3) entities and one or more local school administrative 
units may apply for a grant. 

(b) Applicants for grants shall submit to the Department an application that includes 
the following information: 

CQ Identification of one or more neighborhoods to be served by the local 
S.O.S, program, based on a needs assessment of existing conditions for 
school-aged children to be served Data used in the needs assessment 
may include for each neighborhood to be served by a local program (i) 

dropout statistics, (ii) the number and percentage of school-aged chil- 
dren who participate in the federal subsidized lunch program, (iii) the 
number of suspensions and expulsions involving school-aged children. 
(jv) the number of chi ldren to be s e r v ed, ( v ) the number and percenta ge 
of students with two working parents or one single parent to be served 
at a site, (vj) the incidence of juvenile crime in the neighborhood, and 
(vii) any other relevant or unique local demographic data- 
Local authorities shall provide this or related information on a time- 
ly basis to local 501 (cV3) entities submitting applications to establish 
local S.O.S. programs: 

£2) A three-vear plan that addresses data used in the needs assessment and 
that includes proposed goals and anticipated outcomes of the local 
S.O.S. program. The plan shall be prepared after consultation with local 
after-school programs, schools, community organi z at io ns or gr ou p s 
which have as thei r purpose assisting or helping school-aged children 
who are at risk of failing in school or entering the juvenile justice 
system, or other appropriate groups. In addition, the three-year plan 
shall provide for regular collaborative efforts to seek input and advice 
from parents of the students being served and from o ther citizens who 
reflect the demographic condition s of the students being served: 

£3} A statement of how grant funds would be used to address local prob- 
lems and what other resources would be used to address the problems. 
This statement should include a list of services to be offered that are 
related to the goals and outcomes and should include plans for recruiting 

volunteers to assist in the program's activities: and 
£41 A process for assessing on an annual basis the success of the local plan 
for addressing the goals of the local S.O.S. program. 
"S 143B-152.5. Grants review and selection. 

(a) The Department shall develop and di sseminate a request for applications and 
establish procedures to be followed in developing and submitting applications to estab- 
lish local S.O.S. prog rams and administering grants to establish local S.O.S. programs. 

(b) The Secretary of Human Resources shall a ppoint a State task force to assist the 
Secretary in reviewing grant applica tions. The State task force shall include representa- 
tiv es of the Department of Human Resources, the Department of Public Instruction. 

March 25, 1994 



178 SENATE JOURNAL [Extraordinary Session 

local school administrative units, educators, parents, the juvenile justice system, social 
services, and governmental agencies providing services to children, and other members 
the Secretary considers appropriate. In appointing the State task force, the Secretary 
shall consult with the Superintendent of Public Instruction in an effort to coordinate the 
membership of this State task force, the State task force appointed bv the Secretary 
pursuant to G.S. 143B-152.14. and the State task force appointed bv the Superinten- 
dent pursuant to Q.$ t U5C-238-42, 

In reviewing grant applications, the Secretary and the State task force may consider 
(i) the severity of the local problems as determined by the needs assessment data, (u) 
the likelihood that the locally designed plan will result in high quality after-school 

services for school-aged children, (iii) evidence of local collaboration and coordination 
of services, (iv) any innovative or experimental aspects of the plan that will make it a 
useful model for replication in other neighborhoods and communities, and (v) any 

other factors which affect the well-being of school-aged children. 

(c) In determining the amount of funds an applicant receives, the Secretary and the 
State task force mav consider (i) the number of children to be served, (i^ the number 
and percentage of children to be served who participate in the subsidized lunch pro- 
gram, (iii) the number and percentage of school-aged children with two working par- 
ents or one single parent to be served, (iv) the availability of other resources or funds, 
and (V) the amount needed to implement the proposal. 

(d) The Secretary shall award the grants. 

"§ 143B-I$2t$t Cooperation of State and local agenties t 

All agencies of the State and local government including departments of social services, 
health departments, local mental health, mental retardation, and substance abuse authorities, 
court personnel law enforcement agencies. The University of North Carolina, the commu- 
nity college system, and cities and counties, shall cooperate with the Department of Human 
Resources, and local nonprofit corporations that receive grants in coordinating die program 
at the State level and in implementing the program at the local level The Secretary of 
Human Resources, after consultation with the Superintendent of Public Instruction, shall 
develop a plan for ensuring the cooperation of State agencies and local agencies, and 
encourag in g the cooperation of private entities, especially those receiving State funds, in the 
coordination and implementation of the program. 
"§ 143B-152.7. Program evaluation: reporting requirements. 

(a) The Department of Human Resources shall develop and implement an evaluation 
system that will assess the efficiency and effectiveness of the S.O.S. Program. The 
Department shall design this system to; 

{JQ Provide information to the Department and to the General Assembly on 

how to improve and refine the programs; 
(2) Enable the Department and the General Assembly to assess the overall 

quality, efficiency, and impact of the existing programs: 
Q) Enable the Department and the General Assembly to determine whether 

to modify the S.O.S. Program: and 
(4) Provide a detailed fiscal analysis of how State funds for these programs 

were used. 

(b) The Department shall report to the General Assembly and the Joint Legislative 
Commission on Governmental Operations by May 15. 1994. on its progress in devel- 
oping the evaluation system and in developing and implementing the program, It shall 
report prior to February 1. 1995. on the evaluation system developed bv the Depart- 
ment and on program implementation, The Department shall present an annual report 
on October 1. 1995. and annually thereafter to the General Assembly and to the Joint 
Legislative Commission on Governmental Operations on the implementation of the 
program and the results of the program evaluation. 

The Department shall also report annually to the Joint Legislative Commission on Gov- 
ernmental Operations and to the Governor on the implementation of the S.O.S. Program. 

(c) A local 501^3^ entity or consortium that receives a grant under this Part shall 
report by August 1 of each year to the Department on the implementation of the program. 

March 25, 1994 



1994] SENATE JOURNAL 179 

This report shall demonstrate the extent to which the local S.O.S. Program has met the 
local needs, goals, and anticipated o utcomes as set forth in the grant applications." 

(b) Of the funds appropriated to the Department of Human Resources for the 
S.O.S. Program for the 1994-95 fiscal year, the Department may use up to two 
hundred thousand dollars ($200,000) to administer the S.O.S. Program, to provide 
technical assistance to applicants and to S.O.S. programs, and to evaluate the local 
S.O.S. programs. The Department may contract with appropriate public or nonprofit 
agencies to provide the technical assistance, including training and related services. 

(c) It is the goal of the General Assembly that wherever possible programs 
that receive grants for the 1994-95 fiscal year shall begin no later than July 1, 1994. 

(d) In awarding grants under the S.O.S. Program, the Department shall ensure 
that the continuation costs to the State of the Program in subsequent fiscal years do not 
exceed the cost of the Program for the 1994-95 fiscal year. 

(e) Notwithstanding G.S. 143-23, and with the approval of the Office of State 
Budget and Management, the Department of Human Resources may use up to two 
hundred thousand dollars ($200,000) of the funds appropriated or otherwise available 
for the 1993-94 fiscal year to begin implementation of this section prior to July 1, 
1994. The amount available to implement this section for the 1994-95 fiscal year 
shall be reduced by the amount spent prior to July 1, 1994. 

Requested by: Senators Perdue, Martin of Guilford, Daniel, Plyler, Ballance, Cooper, 
Odom, Soles, Representatives Barnes, Fitch, Easterling, Holt, H. Hunter, 
Nye, Nesbitt, Diamont, Redwine 

FAMILY RESOURCE CENTER GRANT PROGRAM 

Sec. 31. (a) Article 3 of Chapter 143B of the General Statutes is amended by 

adding a new Part to read: 

"Part 5B, Family Resource Center Qrant Program, 

"§ 1 43 B- 152 t l Q. F a mily R es o u rce Center Gran t P rogram; creation; purpose; 

intent. 

fa) There is created in the Department of Human Resources the Family Resource 
Center Grant Program, The purpose of the program j$ to provide grants to establish 

family resource centers that provide services to children from birth through elementary 
school age and to their families that: 

(1) Enhance the children's development and ability to attain academic and 
social success: 

(2) Ensure a successful transition from early childhood education programs 
and child care to the public schools: 

(3} Assist families in achieving economic independence and self-sufficiency : 

and 
(4) Mobilize public and private community resources to help children and 

families in need, 

(b) It is the intent of the General Assembly to encourage and support broad-based 
collaboration among public and private agencies and among peopl e who reflect the 

racial and socioeconomic diversity in communities to develop initiatives that (i) prepare 

children to learn effectively and to have a successful school experience, (ii) enhance the 
ability of families to become advocates for and supporters of education for the children 
in their families, and (Ui) enhance the ability of families to function as nu r turin g a nd 
effective family units- 

(c) It is further the intent of the Gener al Assembly that this program shall be 
targeted to those neighborhoods that have disproportionately high levels of (i) children 
who woul d be less likely to attain educational or social success. (ii) families with low 
incomes, and (hi) crime and juvenile delinquency. 

"S 143B-152.il. Ad ministration of program. 

The Department of Human Resources shall develop and implement the Family Re- 
source Center Grant Program. Th e Department shall: 

£JQ Sponsor a statewide conference for teams of i nterested rep resentatives to 
provide background information and assistance regarding all aspects of 
the program; 

March 25, 1994 



180 SENATE JOURNAL [Extraordinary Session 

(21 Disseminate information regarding the program to interested local com- 
munity group?; 
£2) Provide initial technical assistance and ongoing technica l assistance to 

grant recipients; 

£41 Administer funds appropriated by the General Assembly: 

£5) Monitor the grants funded and the ongoing operations of fami ly resource 

centers; 
£6} Revoke a grant if necessary or appropriate: 

(7) Report to the General Assembly and the Joint Legislative Commission 
on Governmental Operations, in accordance with G.S. 143B-152.15: and 

(8) Adopt rules to implement this Part ? 

"§ 143B-152.12. Eligible applicants: applications for grants. 

(a) A community- or neighborhood-based 501 (c¥3) enti ty or a consortium consist- 
ing of one or more local 50Kc¥3) entities and one or more local school administrative 

units may apply for a grant, 

(b) Applicants for grants shall identify the neighborhood or neighbo rhoods whose 
children and families will be served by a family resource center. The decision-making 
process for identifying and establishing family resource centers shall re flect the racial 
and socioeconomic diversity of the neighborhood or neighborhoods to be served. 

(c^ A grant application shall include a process for assessing on an annual basis the 

success of the local plan in addressing problems, 

"§ 143B-152.13. Gra nts review and selection. 

(a) The Department shall develop and disseminate a re quest for applications and 
establish procedures to be followed in developing and submitting applications to estab- 
lish local family resource centers and administering grants to establish local family 
resource centers. 

(b) The Secretary of Human Resources shall appoint a State task force t o assist the 
Secretary in reviewing grant applications. The State task force shall include representa- 
tiv es o f th e Department of Human Resources, the Depart men t of Public Instruction, 
local school a d m inistrative units, educators, parents, the j uven ile justice sy stem, social 
services, and governmental agencies providing services to children, and other members 
the Secretary considers appropriate, In appointing the State task force, the Secretary 
shall consult with the Superintendent of Public Instruction in an effort to coordinate the 
membership of this State task force, the State task force appointed by the Secretary 
pursuant to G.S. 143B-152.5. and the State task force appointed by the Superintendent 
pursuan t to Q,S, 11 5C-2 3 S,42, 

In reviewing grant applications, the Secretary and the State task force may consider (i) 
the severity of the local problems as determined by the needs assessment data, til) the 
likelihood that the locally designed plan will result in high quality services for children and 
their families, (w) evidence of local collaboration and coordination of services, (iv) anv 
innovative or experimental aspects of the plan that will make it a useful model for replica- 
tion in other counties. (v) the availability of other resources or funds. (\i) the incidence of 
crime and juvenile delinquency, (vii) the amount needed to implement the proposal and 
(\'w) any other factors consistent with the intent of this Part 

(c) In determining the amount of funds an applicant receives, the Secretary and the 
State task force may consider (i) the number of children to be served, (ii') the number 
and percentage of children to be served who participate in the subsidized lunch pro- 
gram. (iii> the number and percentage of school-aged children to be served with two 
working parents or one single parent, (iv) the availability of other resources or funds, 
and (v) the amount needed to implement the proposal. 

(d) The Secretary shall award the grants. 

"S 143B-152.14. Cooperation of State and local agencies. 

All agencies of the State and local government, including departments of social 
se rv ices, hea lt h depa rtments, local mental health, mental retardation, and substance 
abuse authorities, court personnel, law enforcement agencies. The University of North 
Carolina, the community college system, and cities and counties, shall cooperate with 

March 25, 1994 



5 994] SENATE JOURNAL 18 1 

the Department of Human Resources, and local nonprofit corporations that receive grants 
in coordinating the program at the State level and in implementing the program at the local 
level. The Secretary of Human Resources, after consultation with the Superintendent of 
Public Instruction, shall develop a plan for ensuring the cooperation of State agencies and 
local agencies and encouraging the cooperation of private entities, especially those receiving 
State funds, in the coordination and implementation of the program. 
"§ 143B-152.15. Pro gram eval uation: reporting requirements. 

(a) The Department of Human Resources shall develop and implement an evaluation 
system that will assess the efficiency and effectiveness of the Family Resource Center 
Grant Program. The Department shall design this system to: 

jQJ Provide information to the Department and to the General Assembly on 

how to improve and refine the programs: 
{21 Enable the Department and the Qeneral Assembly tQ assess the overall 

quality, effi ciency, and impact of the existing programs: 
£21 Enable the Department and the General Assembly to determine whether 

tQ modify the Family Resource Center Grant Program; and 

£4i Provide a detailed fiscal analysis of how State funds for these programs 
were used. 

(b) The Department shall report to the General Assembly and the Joint Legislative 
Commission on Governmental Operations by May 15. 1994. on its progress in devel- 
oping the evaluation system and in developing and implementing the program. It shall 
report prior to February 1. 1995. on the evaluation system developed by the Depart- 
ment and on program implementation. The Department shall present an annual report 
on October L 1995. a nd an n ual l y thereafter to the General Assemb ly a n d tQ the Joi nt 
Legislative Commission on Governmental Operations on the implementation of the 

program and the results of the program evaluation- 

(£) A local 501(cY3 > ) entity or consortium that receives a grant under this Part shall 

report bv August 1 of each year to the Department on the implementation of the p ro g ram. 
This report shall demonstrate the extent to which the local family resource center has met 
the local needs, goals, and anticipated outcomes as set forth in the grant application." 

(b) Of the funds appropriated to the Department of Human Resources for the 
Family Resource Center Grant Program for the 1994-95 fiscal year, the Department 
may use up to two hundred thousand dollars ($200,000) to administer the Family 
Resource Center Grant Program, to provide technical assistance to applicants and to 
local family resource centers, and to evaluate the local family resource centers. The 
Department may contract with appropriate public or nonprofit agencies to provide the 
technical assistance, including training and related services. 

(c) It is the goal of the General Assembly that wherever possible programs 
that receive grants for the 1994-95 fiscal year shall begin no later than July 1, 1994. 

(d) In awarding grants under the Family Resource Center Grant Program, the 
Department shall ensure that the continuation costs to the State of the program in subse- 
quent fiscal years do not exceed the cost of the program for the 1994-95 fiscal year. 

(e) Notwithstanding G.S. 143-23, and with the approval of the Office of State 
Budget and Management, the Department of Human Resources may use up to two 
hundred thousand dollars ($200,000) of the funds appropriated or otherwise available 
for the 1993-94 fiscal year to begin implementation of this section prior to July 1, 
1994. The amount available to implement this section for the 1994-95 fiscal year 
shall be reduced by the amount spent prior to July 1, 1994. 

Requested by: Senators Martin of Guilford, Perdue, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Easterling, Nye, H. Hunter, Fitch, 
Holt, Gardner, Dickson 

ANNUAL EVALUATION OF WILDERNESS CAMP, COACH MENTOR 

TRAINING, AND GOVERNOR'S ONE-ON-ONE PROGRAMS 

Sec. 32. (a) The Department of Human Resources shall conduct an annual 

evaluation of the Wilderness Camp, Coach Mentor Training, and Governor's One-on- 

March 25, 1994 



182 SENATE JOURNAL [Extraordinary Session 

One Programs. The results of the evaluation shall be submitted to the State Auditor for 
further review and comment The State Auditor shall transmit the evaluation along 
with any comments to the Joint Legislative Commission on Governmental Operations 
no later than October 1 of each year covering the program for the prior fiscal year. In 
conducting the evaluation, among other things, the focus shall be on directing youth 
toward long-term positive and productive noncriminal behavior. The review shall be 
qualitative and quantitative. 

(b) In addition to the evaluations required in subsection (a) of this section, the 
Department of Human Resources shall make an interim evaluation of the Coach Men- 
tor Training Program to the General Assembly not later than May 15, 1994. The 
interim evaluation shall provide information on how the Department plans to expend 
funds allocated for this Program. 
Requested by: Senators Martin of Guilford, Perdue, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Nye, Easterling, H. Hunter, Fitch, 
Holt, Gardner, Dickson 
GOVERNOR'S ONE-ON-ONE PROGRAM FUNDS ALLOCATION 

Sec. 33. Funds appropriated in this act to the Department of Human Re- 
sources, Division of Youth Services for the Governor's One-on-One Program shall be 
used to increase the funding for each of the existing programs and to provide funding 
for new programs to bring the number of programs up to at least a total of 65 
programs at funding levels of thirty thousand dollars ($30,000) for each full-time 
program, fifteen thousand dollars ($15,000) for each half-time program, and sixty 
thousand dollars ($60,000) for each double program. 

Requested by: Senators Perdue, Martin of Guilford, Winner of Mecklenburg, Daniel, Plyler, 
Representatives Nesbitt, Diamont, Easterling, Nye, H. Hunter, Fitch, 
Holt, Gardner, Dickson 
ALTERNATIVES TO DETENTION PROGRAM 

Sec. 34. (a) Of the funds appropriated in this act to the Department of 
Human Resources, Division of Youth Services, the sum of one hundred twenty-five 
thousand dollars ($125,000) for the 1993-94 fiscal year and the sum of five hundred 
thousand dollars ($500,000) for the 1994-95 fiscal year shall be used to establish the 
Alternatives to Detention Program in selected district court judicial districts that do not 
currently have them. 

(b) The Department of Human Resources shall perform an evaluation of how the 
expanded Alternatives to Detention Program affects admission to juvenile detention facilities 
and shall report the results of this evaluation to the General Assembly by March 1, 1995. 

(c) This section becomes effective April 1, 1994. 

Requested by: Representatives Barnes, Easterling, Nye, Holt, H. Hunter, Fitch, Gardner, 

Dickson, Senators Martin of Guilford, Perdue, Tally, Daniel, Plyler 
COMMUNITY-BASED ALTERNATIVE FUNDS 

Sec. 35. (a) G.S. 7A-289.13 reads as rewritten: 
"§ 7A-289.13. Legislative intent. 

The General Assembly hereby declares its intent to reduce the number of children 
committed by the courts for delinquency to institutions operated by the Division of 
Youth D e v e lopm e nt, Services. Department of Human Resources or other State agencies. 
The primary intent of this Article is to provide a comprehensive plan for the develop- 
ment of community-based alternatives to training school commitment so that 'status 
offenders' (defined by this Article to include 'those juveniles guilty of offenses which 
would not be violations of the law if committed by an adult') may be eliminated from 
the youth development institutions of this State. Additionally it is the intent of this 
legislation to provide noninstitutional disposition options in any case before the juve- 
nile court where such this, disposition is d ee m e d to b e considered in the best interest 
of the child and the community. 

The policy and intent of the General Assembly in delinquency prevention and com- 
munity-based services can be summarized as follows: 

(1) Such These programs s hould shall be planned and organized at the com- 
munity level within the State, and such these planning efforts should 

March 25, 1994 



1994] SENATE JOURNAL 183 

shall include appropriate representation from local government, local 
public and private agencies serving families and childr e n (both public 
and privat e ), children, local business leaders, citizens with an interest in 
youth problems, youth representatives, and others as may be appropriate 
in a particular community. The role of the State should shall be to 
provide technical assistance, access to funding, and program information, 
and to assist local leadership in appropriate planning. 

Ua) As a prerequisite for receiving funding for Community-Based Alternatives, 
each county shall appoint a Community-Based Alternatives Youth Services 
Advisory Committee and shall update and revise the Committee's member- 
ship to ensure appropriate representation. As vacancies occur on Communi- 
ty-Based Alternatives Youth Services Advisory Committees or as new com- 
mittees are appointed. The Committee members shall be reflective of the 
racial and socioeconomic diversity of the community. 

(lb) The Community-Based Alternatives Youth Services Advisory Committee 
required by subdivision (la) of this section shall annually review the 
needs of troubled juveniles within its county, develop and advertise a 
Request for Proposal process, and submit a written Plan of Action for 
the expenditure of Community-Based Alternatives funds to the county 

for its approval. Upon the county's authorization, the Plan shall be 

submitted to the Department of Human Resources for final approval and 
subsequent implementation 

£k) The Division of Youth Services shall develop and implement uniform stan- 
dards for each county's Community-Based Alternatives Youth Services Ad- 
visory Committee's annual certification and written requirements for prog ram 
planning including a standard format for the Request for Proposal. 

(2) When a child is adjudicated to be within the juvenile jurisdiction of the 
district court court, such &£. child should be carefully evaluated through the 
available community-level r e sourc e s (including resources, including mental 
health, social services, public health and other available medical services, 
public schools, and oth e rs as appropriate ) other appropriate services, prior to 
the juvenile hearing dealing with disposition so that the disposition of the 
court may be made with an understanding of the needs of the child and 
after consideration of the resources available to meet these needs. 

(3) It is contrary to the policy of the State for a court to separate a child 
from feis the child's own family or commit a child to an institution or 
training school without a careful evaluation of the needs of the child. 

(4) The General Assembly finds that State and local government should shall 
be responsive to the need for community-based services which that would 
provide a viable alternative to commitment to an institution or training 
school. The General Assembly intends that State government should be 
responsive to this need through the Department of Human Resources by 
helping public and private local groups to plan, develop develop, and fund 
community-based programs, both residential and nonresidential. It is r e cog 
nized The General Assembly recognizes that such these efforts will require 
the cooperation of several major State departments in addition to Human 
Resources, such as the Department of Public Instruction, the Administrative 
Office of the Courts, and the Governor's Crime Commission. Commission 
of the Department of Crime Control and Public Safety. 

(5) It is the intent of the General Assembly that the Secretary of the Depart- 
ment of Human Resources develop a funding mechanism that will pro- 
vide State support for programs that meet the standards as developed 
under the provisions of this Article. 

The Secr etary of the Department of Human Resources shall adopt rules to implement 
this section." 



March 25, 1994 



184 SENATE JOURNAL [Extraordinary Session 

(b) Of the funds appropriated to the Department of Human Resources, Division of 
Youth Services, in this act, the sum of five million dollars ($5,000,000) for the 1994-95 
fiscal year shall be used to expand Community-Based Alternatives services. Of these funds, 
four million dollars ($4,000,000) shall be allocated per capita among the counties, based on 
the number of children in the county between the ages of 10 and 17, and one million 
dollars ($1,000,000) shall be allocated evenly among all counties. 

The Community-Based Alternatives Youth Services Advisory Committee shall 
annually review the needs of troubled youth and submit a written Plan of Action to the 
county board of commissioners for approval, in accordance with G.S. 7A-289.13(lb). Li 
those counties that have a commitment rate above one person per thousand, the plan shall 
describe how these additional funds will be used to reduce the county commitment rate. 
In those counties that have a commitment rate at or less than one per thousand, the plan 
shall specify how the funds will be used to maintain or reduce the commitment rate. The 
plan shall provide for the county to use funds appropriated in this section to purchase care 
or services from local public agencies and private nonprofit 501(cX3) corporations and 
housing authorities providing delinquency prevention programs or community-based ser- 
vices. ITie plan shall emphasize the provision of services for children against whom a 
complaint of delinquency has been made, regardless of whether the juvenile was diverted 
to a community resource or adjudicated delinquent The approved plan shall then be 
submitted to the Division of Youth Services for approval. 

(c) These funds shall be matched by each county as currently required by the 
Division of Youth Services. 

Requested by: Senators Martin of Guilford, Perdue, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Easterling, Nye, H. Hunter, Fitch, 
Holt, Gardner, Dickson 
DHR STUDY OF DIVISION OF YOUTH SERVICES' PROGRAMS AND SER- 
VICES 

Sec. 36. (a) The Department of Human Resources shall conduct a comprehen- 
sive study of the Division of Youth Services' juvenile justice system in order to ensure 
the efficacy, cost-effectiveness, and optimal utilization of the system and its continuum 
of services. The Department may contract with an independent consultant to assist it 
in its study. The Administrative Office of the Courts, the Department of Correction, 
and any other State or local agencies the Department considers have a role in the 
juvenile justice system shall cooperate with the Department in its study. 

The Department shall convene an advisory panel to assist it in its study. This 
panel shall consist of the Administrative Officer of the Courts, as many juvenile court 
judges as the Department considers necessary, three Senators recommended by the President 
Pro Tempore of the Senate, three Representatives recommended by the Speaker of the 
House of Representatives, and any others the Department considers necessary. 

Members of this advisory panel shall receive the subsistence and travel expenses set 
forth in Chapter 120 and Chapter 138 of the General Statutes, as appropriate. 

(b) This study shall include: 

(1) An analysis, including an assessment of safety risks to community and 
staff, of the current training school population; 

(2) An assessment of adult and juvenile recidivism rates of recent training 
school residents; 

(3) An analysis of the cost and success of dispositions of juvenile offenders 
who are placed on probation or assigned to other programs; 

(4) An evaluation of the Community-Based Alternative Program; 

(5) An assessment of the juvenile offender systems and programs used in 
other states; 

(6) The development of a plan for an early warning system by which poten- 
tial youthful offenders are identified at a very early age so that interven- 
tion can be made to prevent adverse outcomes; 

March 25, 1994 



1994] SENATE JOURNAL 185 

(7) Diagnostic assessment of all youth in training schools and detention 
centers to determine if each youth has been properly placed. The assess- 
ment criteria shall conform to standards developed by the Division of 
Youth Services, juvenile court counselors, and mental health/substance 
abuse services professionals; 

(8) An evaluation of vocational education in the training schools; 

(9) An analysis of other services and treatments offered in training schools; 

(10) Alternatives to detention and to training schools; 

(11) Proposals for appropriate reforms of the current dispositional system that 
will help juvenile offenders become productive citizens, control costs, 
and protect the public safety; 

(12) Recommendations to enable accountability and evaluation of outcomes 
of juvenile programs and dispositions, including recommendations for 
system changes that will enable tracking of participants in juvenile of- 
fender programs into the adult criminal and other juvenile offender pro- 
grams; and 

(13) Recommendations concerning whether a commission should be estab- 
lished to periodically review and evaluate the juvenile justice system and 
the composition of such a commission if established. 

(c) The study components should be measured by whether the juvenile justice 
system provides: 

(1) Skills to develop positive self-concept, the ability to analyze and under- 
stand consequences of their choices, the ability to accept responsibility 
for one's own action, and to develop positive interpersonal relationships; 

(2) Opportunity for educational achievement and acquisition of usable job skills; 

(3) Skills for remaining free from substance abuse, violence, and criminal 
activity; 

(4) Opportunity to involve family members and other significant individuals 
in the rehabilitative and treatment processes; 

(5) Effective support systems for juveniles and their family members that are 
designed to increase the prospect of achieving and maintaining long- 
term program goals; 

(6) Program methodologies and staff training and development that is con- 
sistent and correlates with program goals; and 

(7) Evidence of effective and efficient client-focused collaborative and coopera- 
tive service delivery arrangements with other public and private agencies. 

(d) The Department shall complete this study by November, 1, 1994, and shall 
report the results of this study to the 1995 General Assembly by March 1, 1995. 

(e) Of the funds appropriated to the Department of Human Resources, the sum 
of one hundred fifty thousand dollars ($150,000) for the 1993-94 fiscal year shall be 
used to fund this study. Any of these funds that are unexpended at the end of the 
1993-94 fiscal year shall not revert but shall remain available to complete the study 
required by this section. 

Requested by: Representatives Nesbitt, Diamont, Nye, Easterling, H. Hunter, Fitch, 

Holt, Gardner, Dickson, 

Senators Daniel, Plyler 
DIRECTOR OF JOINT SECURITY FORCE 

Sec. 37. The Secretary of the Department of Human Resources shall designate 
the Director of the Juvenile Evaluation Center as the Director of the Joint Security 
Force established in G.S. 122C-421, serving the territory of the Black Mountain Cen- 
ter, the Alcohol Rehabilitation Center, and the Juvenile Evaluation Center, all in Bun- 
combe County, and having the power prescribed by G.S. 7A-571(4) and G.S. 
122C-421 outside the territory embraced by the named centers but within the confines 
of Buncombe County. 

March 25, 1994 



186 SENATE JOURNAL [Extraordinary Session 

PART 12. JUDICIAL DEPARTMENT 

Requested by: Senators Kerr, Cooper, Soles, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Holt, Redwine, Bowie, Michaux 
DEFERRED PROSECUTION STUDY 

Sec. 38. The Administrative Office of the Courts, in consultation with the 
North Carolina Conference of District Attorneys, shall study the problem of underuti- 
lization of the deferred prosecution program established in G.S. 143B-475.1 and shall 
recommend methods for encouraging greater use of the program across the State. The 
Administrative Office of the Courts shall report its findings and recommendations to 
the 1995 General Assembly. 

Requested by: Senators Conder, Ballance, Odom, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Holt, Redwine, Michaux, Bowie 
DISTRICT ATTORNEY ACCESS TO POLICE INFORMATION NETWORK 

Sec. 39. (a) Funds appropriated in this act to the Judicial Department for the 
1993-94 fiscal year to provide access to the Police Information Network that are not 
expended by the end of the fiscal year shall not revert, but shall remain available for 
the next fiscal year. 

(b) This section becomes effective April 1, 1994. 

Requested by: Representatives Nesbitt, Diamont, Gist, Holt, Redwine, Bowie, Michaux, 

Senators Daniel, Plyler, Cooper, Soles 
TEEN COURT PROGRAM FUNDS 

Sec. 40. (a) Of the funds appropriated in this act to the Judicial Department, 
the sum of seventy-five thousand dollars ($75,000) for the 1994-95 fiscal year shall 
be used to develop and implement "teen court" programs in judicial districts to be 
selected by the Administrative Office of the Courts. These programs are to be made 
available to junior and senior high schools within the selected judicial districts. Any 
grant application shall be reviewed and approved by the chief district court judge for 
the district in which the program is to be conducted. Grants from the Administrative 
Office of the Courts to any local agency or authority shall be used to develop and 
implement programs that meet either or both of the following objectives: 

(1) Development and implementation of a "teen court" program as a com- 
munity resource for the selected judicial districts. Cases in which a 
juvenile allegedly commits an offense within the jurisdiction of the juve- 
nile court, as specified in the teen court plan, which offense, if com- 
mitted by an adult, would constitute a crime or infraction, may be di- 
verted by law enforcement or the court, or referred by Intake Services, 
to "teen court" to be "sentenced" by a jury of the juvenile's peers. The 
plan shall specify the kinds of offenses that are appropriate for referral 
to teen court. "Sentences" may include counseling, restitution, curfews, 
or community service, as well as other rehabilitative measures; or 

(2) "Teen court" model programs made available to all junior and senior 
high school students in the selected judicial districts to handle problems 
that develop at school but that have not been turned over to the juvenile 
authorities. 

(b) The Administrative Office of the Courts shall distribute the funds to grant- 
ees in quarterly payments beginning July 1994 and ending April 1995. Grantees shall 
provide the Administrative Office of the Courts with quarterly reports as to the expen- 
diture of funds and relevant statistical data. 

(c) Grantees of the funds shall report at least annually to the Administrative 
Office of the Courts and to officials of the selected judicial districts. The Administra- 
tive Office of the Courts shall evaluate the effectiveness of the programs and report its 
findings and any recommendations by March 15, 1995, to the Joint Legislative Com- 
mission on Governmental Operations and to the Chairs of the House and Senate Ap- 
propriations Subcommittees on Justice and Public Safety. 

March 25, 1994 



1994] SENATE JOURNAL 187 

(d) In addition to the reports required in subsection (d) of Section 80 of 
Chapter 561 of the 1993 Session Laws, the Administrative Office of the Courts shall 
make an interim report by May 15, 1994, on the effectiveness of the Cumberland 
County "Teen Court" program established pursuant to Section 80 of Chapter 561 of 
the 1993 Session Laws. 
Requested by: Representatives Nesbitt, Diamont, Gist, Holt, Redwine, Michaux, Bowie, 

Senators Daniel, Plyler 
RESERVE FOR COURT/DRUG TREATMENT PROGRAM 

Sec. 41. There is created in the Judicial Department a Reserve for Court/Drug 
Treatment Program. Of the funds appropriated in this act to the Judicial Department, 
the sum of eight hundred thousand dollars ($800,000) for the 1994-95 fiscal year shall 
be held in this reserve. The funds in this reserve shall be allocated as prescribed by 
the 1993 General Assembly, Regular Session 1994. 
PART 14. INTERVENTION/PREVENTION INITIATIVES 

Requested by: Representatives Barnes, Fitch, Easterling, Gardner, H. Hunter, 
Black, Russell, Arnold, Redwine, Bowie, Nesbitt, Diamont, Holt, 
Hensley, 
Senators Gunter, Perdue, Martin of Guilford, Daniel, Plyler, Ballance, 
Cooper, Odom, Soles 
SCHOOL-BASED PROGRAM GRANTS 

Sec. 42. (a) The General Assembly finds that: 

(1) Growing numbers of children live in conditions that place them at risk 
of school failure; 

(2) The provision of school and support services to these children and their 
families by public and nonprofit agencies is fragmented and does not 
prepare these children to learn effectively and have a successful school 
experience; 

(3) The lack of collaboration among schools, families, local agencies, and 
other groups involved in family support and youth development activi- 
ties results in the inefficient and ineffective use of resources to meet the 
needs of these children; 

(4) Schools are dedicating an increasing amount of their time and resources 
to responding to disruptive and violent behavior rather than fulfilling 
their mission to challenge with high expectations each child to learn, to 
achieve, and to fulfill his or her potential; 

(5) The relationships between school failure, disruptive and violent behavior 
in schools, unemployment, and criminal behavior are clear; 

(6) Responding to the needs of students who are at risk of school failure 
and providing for a safe and secure learning environment are cost-effec- 
tive because it enables the State to substitute preventive measures for 
expensive crisis intervention; and 

(7) Differing local needs and local resources necessitate the development of 
locally generated, community-based plans that coordinate and leverage 
existing resources, not the imposition of uniform and inflexible, State- 
mandated plans; 

therefore, of the funds appropriated to Aid to Local School Administrative Units by 
this act, the sum of twelve million dollars ($12,000,000) shall be used for the 1994-95 
fiscal year to implement the Intervention/Prevention Grant Program for North Carolina 
School Children. 

(b) Article 16 of Chapter 115C of the General Statutes is amended by adding 
a new Part to read: 

'Tart 8. Intervention/Prevention 
Grant Program for North Carolina School Children. 
"§ U5C-238.40. Establishment of pro gram: purpose. 

There is established the Interven tion/Prevention Grant Program for North Carolina 
School Children. The purpose o f the program is to provide grants to local school 

March 25, 1994 



188 SENATE JOURNAL [Extraordinary Session 

administrative units for locally designed innovative local programs that target juveniie 
crime by (i) enhancing educational attainment through coordinated services to respond 
to the needs of students who are at risk of school failure and at risk o f participation 
in juvenile crime and (iri providing for a safe and secure learning environment. 

"§ 115C-238t4L Applications for grants. 

(a^ A local school administrative unit mav apply for a grant, or up to three adjacent 
local school administrative units mav apply jointly for a grant. 

(b) In preparing grant applications, an applicant shall consult with a local task force 
a ppointed by the county board of commissioners and comprised of educators, parents, 
students, community leaders, and representatives of the juvenile justice system, human 
services, and nongovernmental agencies providing services to children. To the extent 
possible, the task force shall be representative of the racial and socioeconomic composi- 
tion of the geographic area to be served by the grant. If a local school administrative 
unit or the geographic area covered by a grant proposal is located in more than one 

county, the board of commissioners of the counties shall jointly appoint the task force, 

(c) The application shall include the following information: 

(1) Data on the incidence of juvenile crime in the geographical area to be 
served by the grant Sources of data may include the chief juvenile 
court counselor in the judicial district, the clerk of superior court, and 
local law enforcement officials. 
£21 An assessment of local resources from all sources for, and local deficien- 
cies with regard to. responding to the needs of children who live in 

conditions that place them at risk of school failure. This assessment 

shall be prepared bv the local task force. 
QX A detailed plan for removing barriers to success in school that exist for 
these children and for minimizing disruptive and violent behavior among 
all students. This plan shall include proposed goals and anticipated 

outcomes, p repared after consultation with the task force. This plan 

shall provide for the establishment or expansion of programs that have 
components based on one or more of the following models or other 
collaborative models: 

&. School-based Resource Center Model. — A School-based Resource 
Center is a school-based center that coordinates the delivery of com- 
prehensive and integrated services in or near a school to children 

from kinderg arten through the eighth grade and their families. §gfc 

vices are provided through broad-based collaboration among govern- 
mental and nongovernmental agencies and persons reflective of the 

racial and socioeconomic diversity in a community. Services are 

designed to (i) prepare children to attain academic and social success. 
(ii) enhance the ability of fam ilies to become advocates for and sup- 
porters of education for the children in their families, (iii) provide 
parenting classes to the parents of children who are at risk of school 
failure, and (i\) otherwise enhance the ability of families to function 

as nurturing and effective family units. 

k After School Program Model. — An After School Program is a 
program that p rovides high quality educationally appropriate and rec- 
reational activities to students after the regular school dav. The pro- 
gram may be targeted toward providing academic support for students 
who perform significantly b elow their age-level peers or for students 
with learning disabilities. Local boards of education mav permit teach- 
ers to adjust their work schedules so th ey can work in the program. 

c^ Cities in Schools Program Model. — A Cities in Schools Program 
is a community partnership among public agencies, private non- 
profit agencies, volunteer organiza tions, and local businesses that 
delivers services to stude nts who are at risk of dropping out of 



March 25, 1994 



1994] SENATE JOURNAL 189 

school or who display discipline problems. Services offered are 
based on an assessment of local needs and resources. 
a\ Alternative Learning Program Model. — An Alternative Learning 
Program is a program that provides individualized programs out- 
side of a standard classroom setting in a caring atmosphere in 
which students lea m the skill s necessary to redirect their lives and 
return to a standard classroom setting. The program should main- 
tain State standards and may include smaller classes and lower 
student/teacher ratios, school-to-work transition activities, modifi- 
cation of curriculum and instruction to meet individual needs, flex- 
ible scheduling, and necessary academic, vocational, and supp ort 
services for students and their families. Services may also include 
a ppropriate measures to correct disruptive behavior, teach responsi- 
bility, good citizenship, and respect for rules and authority. 

The goals of the alternative school programs should be to (i) 
reduce the school dropout rate through improved student atten- 
dance, behavior, and educational achievement: and (ii) increase 
successful school-to-work transitions for students through educa- 
tionally linked job internships, mentored job shadowing experi- 
ences, and the development of personalized education and career 
plans for participating students. 
£, Safe Schools Pro g ram Model — A Safe Schools Program js a 
locally designed program for making schools safe for students and 
school employees. The program may involve peer mediation and 
conflict resolution activities. 
(4} A statement of whether and to what extent the local board of education 
intends to contract with local, private, nonprofit 501(c)(3) corporations 
to staff, operate, or otherwise provide services for one or more elements 
of the plan. Local boards aye encouraged to contract for services, when 
a ppropriate. 
(5) A statement of (i) how the grant funds would be used to address these 
local problems, (ii) what other resources, including Safe Schools Grants. 
Chapter 1 funds. Chapter 2 block grant funds, dropout prevention funds. 
Basic Education Program funds, remediation funds, small school system 
su pplemental funds, and low-wealth counties supplemental funds, would 
be used to address the problems, and (iii) how all available community 
resources and the components of the proposed plan w ould be coordi- 
nated to enhance the effectiveness of existing services and of services 
proposed in the plan. 

(61 A statement of how the proposed plan would assist a local school ad- 
ministrative unit in implementing t h e lo c al schoo l im provement plan, 

(7) A process for assessing on an annual basis the success of the local plan 
in addressing problems. 

"S USC-338,42, Revie w of a p plication s , 

(a) The Superintendent of Public Instruction shall appoint a State task force to assist 
the Superintendent in reviewing grant applications. The State task force shall include 
representatives of the Departmen t of Public Instruction, the Department of Human 
Resources, local school administrative units, educators, parents, the juvenile justice 
system, social services, and gover nmental agencies providing services to children, and 
Othe r members the Superintendent considers appropriate. In appointing the State task 
force, the Superintendent shall consult with the Secretary of Human Resources in an 
effort to coordinate the membership of this St ate task force and those appointed by the 
Secretary pursuant to G.S. 143B-152.5 and G.S. 143B-152.13. 

In reviewing grant applications, the Superintendent and the State task force shall 
consider the prevalence of underser ved students and families in low-income neighbor- 
hoods and in isolated rural areas in the area for which the grant is requested, the 



March 25, 1994 



190 SENATE JOURNAL [Extraordinary Session 

severity of the local p roblems w ith regard to children at risk of school failure and with 
regard to school discipline, whether the proposed program meets State standards, and 
the likelihood that the locally designed plan will deal with the problems successfully. 

During the review process, the Superintendent may recommend modifications in 
grant applications to applicants. 

(to The Superintendent shall submit recommendations to the State B oard of Educa- 
tion on which applicants should receive grants and the amount thev s hould receive. 
"£ 115C-238.43. Award of grants. 

In selecting grant recipients, the State Board shall consider (i) the recommendations of 
the Superintendent (ii) the geographic location of the applicants, and (iii) the demographic 
profile of the applicants. After considering these factors, the State Board shall give priority 
to grant applications that will serve areas that have a high incidence of juvenile crime and 
that propose different approaches that can serve as models for other communities. 

The State Board shall select the grant recipients prior to July 15, 1994. for local 
pro grams that will be in operation at the beginning of the 1994-95 school year. The 
State Board shall select the grant recipients prior to October 1. 1994. for local pro- 
grams that will be in o peration after the beginning of the 1994-95 school year. 
"S 115C-238.44. Requests for modifications of grants or for additional funds to 
implement grants 

A grant recipient may request a modification of a grant or additional funds to 
implement a grant through the grant application process. The request shall be reviewed 
and accepted or rejected in the same manner as a grant application. 
"§ 115C-238.45. Adm inistration of the grant program. 

The Supe rintendent of Public Instruction shall administer the grant program, under 
the direction of the State goaj^ of Education. The Pepartrnent of Putyip Instruction 
shall provide technical assistance to grant applicants and recipients. 
"S 115C-238.46. Cooperation of State and local agencies. 

All agenci es of the State and local government including departments of social services. 
health departments, local mental health, mental retardation, and substance abuse authorities, 
court personnel law enforcement agencies. The University of North Carolina, the commu- 
nity college system, and cities and counties, shall cooperate with the Department of Public 
Instruction, local boards of education, and local nonprofit corporations that receive grants in 
coordinating the program at the State level and in implementing the program at the local 
level. The Superintendent after consultation with the Secretary of Human Resources, shall 
develop a plan for ensuring the cooperation of State agencies and local agencies, and 
encouraging the cooperation of private entities, especially those receiving State funds, in the 
coordination and implementation of the program. 
"§ U5 C - 23&47. Program evalua tion; reporting requirements! 

(a) The Department of Public Instruction shall develop and implement an evaluation 
system, under the direction of the State Board of Education, that will assess the effi- 
ciency and effectiveness of the Intervention/Prevention Grant Program. The Depart- 
ment shall design this system to: 

£11 Provide information to th e Department and to the General Assembly on 

how to improve and refine the programs; 
£21 Enable the Department and the General Assembly to assess the overall 

• quality, efficiency, and impact of the existing programs; 
(2) Enable the Department and the General Assembly to determine whether 

to modify the Intervention/Prevention Grant Program; and 
(4) Provide a detailed fiscal analysis of how State funds for these p ro grams 

were used, 

(b) The State Board of Education shall report to the General Assembly and the Joint 
Le gislative Education Oversight Committee by Mav 15. 1994. on its progress in develop- 
in g the evaluation system and in developing and implementing the program. It shall report 
prior to February 1. 1995. on the evaluation system developed by the Department and on 
program implementation. The State Board of Education shall present an annual report on 

March 25, 1994 



1994] SENATE JOURNAL 19 1 

October 1. 1995. and an mwlly there after to the General Assembly and to the Joint Legisla- 
tive Education Oversight Committee on (i) the implementation of the program. (n) the 
results of the program e valuation, (w) how the funds appropriated bv the General Assem- 
bly for the program are being used . Cw) additional funds required to implement the pro- 
gram, and M anv necessary modifications to the program." 

(c) The Department of Public Instruction shall use funds within its budget for 
travel and for supplies and materials for the 1993-94 fiscal year to implement subsec- 
tion (b) of this section prior to July 1, 1994. 

(d) Subsection (a) of this section becomes effective July 1, 1994. The remain- 
der of this section is effective upon ratification. 

Requested by: Representatives Barnes, Rogers, Black, Nesbitt, Diamont, Holt, Bowie, 
Russell, Arnold, Fitch, Easterling, Gardner, H. Hunter, Hensley, 
Senators Gunter, Perdue, Martin of Guilford, Daniel, Ballance, Cooper, 
Odom, Plyler, Hartsell, Shaw, Soles 
LOCAL PROGRAMS TO ASSIST CHILDREN AT RISK OF SCHOOL FAILURE 

Sec. 43. Of the funds appropriated to Aid to Local School Administrative 
Units, the sum of eighteen million two hundred thirty-seven thousand one hundred 
twenty dollars ($18,237,120) for the 1994-95 fiscal year shall be used for positions to 
implement locally designed initiatives to provide services to students who are at risk of 
school failure and to the students' families. These funds shall be allocated by the State 
Board of Education to local school administrative units on the basis of average daily 
membership for instructional support personnel other than library media specialists, 
with a minimum of one position allotted per local school administrative unit. 

The Superintendent of Public Instruction shall not recommend and the State 
Board not grant waivers pursuant to G.S. 115C-238.6 pertaining to the purposes for 
which these funds may be used unless: 

(1) The requested waiver is to convert one or more of these instructional 
support positions to teacher positions; 

(2) The conversion to a teacher position is at the average cost of the instruc- 
tional support position being converted; and 

(3) The position converted is to be used for a certified teacher who has 
special skills or training that are necessary to work with children in an 
alternative learning program and that teacher is assigned full-time to an 
alternative learning program. 

Local boards of education are encouraged to design and implement plans that 
coordinate and leverage existing resources in the public schools, local governments, 
nonprofit entities, and the community at large. Local school administrative units that 
receive Intervention/Prevention School grants are encouraged to design and implement 
plans that coordinate the use of these funds with the programs funded with Interven- 
tion/Prevention Program grants. Adjoining local school administrative units are encour- 
aged to design and implement joint programs. 

The State Board of Education shall make a preliminary report to the Joint 
Legislative Education Oversight Committee in November 1994 on the programs imple- 
mented at the local level with these funds. The State Board of Education shall make 
a final report to the General Assembly on these programs in February 1995. 

PART 15. GENERAL ASSEMBLY 

Requested by: Senators Sherron, Daniel, Plyler, Representatives Nesbitt, Diamont 
TASK FORCE ON OFFENDERS' DRUG AND ALCOHOL REHABILITATION 
AND EDUCATION 

Sec. 44. (a) There is created the Task Force on Offenders' Drug and Alcohol 
Rehabilitation and Education to study methods for providing alcohol and drug treat- 
ment programs and educational programs to offenders. The Task Force shall be com- 
posed of eight members: 

(1) The Governor, who shall chair the Task Force; 

(2) The Secretary of Correction; 

March 25, 1994 



192 SENATE JOURNAL [Extraordinary Session 

(3) The Assistant Secretary of Correction for Substance Abuse; 

(4) The Secretary of Human Resources; 

(5) The Director of the Division of Mental Health, Developmental Disabili- 
ties and Substance Abuse Services, Department of Human Resources; 

(6) The Chief of the Substance Abuse Services Section, Division of Mental 
Health, Developmental Disabilities and Substance Abuse, Department of 
Human Resources; 

(7) The President of the North Carolina Community College System; and 

(8) The Superintendent of Public Instruction. 

(b) The Task Force on Offenders' Drug and Alcohol Rehabilitation and 
Education shall: 

(1) Develop a plan and a cost estimate for converting a number of prison 
facilities into intensive drug and alcohol rehabilitation centers, for identi- 
fying inmates with drug and alcohol problems, and for mandating prov- 
en treatment procedures for those inmates; 

(2) Develop a plan and a cost estimate for ensuring that persons sentenced to 
prison for crimes involving drugs or for crimes in which alcohol or drugs 
were a causative or contributing factor receive a full year of drug rehabilita- 
tion as a part of their sentence. The plan shall provide for intensive drug 
therapy and gradual reintegration into society as the treatment progresses. 
The plan shall also provide for parole conditioned upon total abstinence 
from alcohol and drugs, to be enforced through strict testing, with violators 
returned to prison for the full term of the original sentences. 

(3) Develop a plan and a cost estimate for establishing an extension pro- 
gram through either the Department of Community Colleges or the De- 
partment of Public Instruction to provide a General Education Develop- 
ment diploma (GED) to all offenders who have not obtained a high 
school diploma or a GED. The plan shall include making continued 
work towards a GED a condition of probation or parole whenever nec- 
essary to ensure that the offender does obtain a GED. 

The Task Force shall report its findings and recommendations to the General 
Assembly by May 15, 1994. 

Requested by: Senators Gulley, Daniel, Plyler, Representatives Nesbitt, Diamont 
JOINT DEPARTMENTAL STUDY OF LIFE IMPRISONMENT SENTENCE 

Sec. 45. The Department of Correction, the Department of Crime Control and 
Public Safety, and the Department of Justice shall study the effect on the criminal 
justice system of having the sentence of life imprisonment without parole for certain 
criminal offenses and shall also consider whether the sentence of life imprisonment 
without parole has served as a deterrent with regard to those crimes for which it may 
be imposed, any other impact the sentence may have had on the crime rate generally, 
the fiscal impact that the sentence has had on the State's finances, and the projected 
costs to the State if the sentence continues to be imposed. The Department of Correc- 
tion, Department of Crime Control and Public Safety, and Department of Justice shall 
report to the General Assembly, the Joint Legislative Commission on Governmental 
Operations, and the appropriations committees in the House of Representatives and the 
Senate by January 1, 2005, on their findings and recommendations regarding the sen- 
tence of life imprisonment without parole. 

Requested by: Senators Perdue, Martin of Guilford, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Easterling 
REPORT ON ANTICRIME INITIATIVES 

Sec. 46. Every agency of the State to which funds have been appropriated in 
this act for implementing program initiatives for reducing crime shall report to the Joint 
Legislative Corrections Oversight Committee at its first meeting and quarterly thereafter. 
The report shall provide information on the expenditure of the funds, program imple- 
mentation progress, and results to date. The purpose of the reports is to provide the 



March 25, 1994 



1994] SENATE JOURNAL 193 

General Assembly and the citizens of this State with information on the progress and 
success of initiatives developed to reduce crime in North Carolina's communities. 

Requested by: Senators Cochrane, Hartsell, Shaw, Odom, Cooper, Daniel, Plyler, 

Representatives Nesbitt, Diamont, Nye, Easterling, Redwine, Fitch, 
McAllister, Berry, Balmer, Creech, H. Hunter 
WELFARE REFORM STUDY 

Sec. 47. (a) There is created the Legislative Study Commission on Welfare 
Reform. The Commission shall consist of 14 members as follows: 

(1) Five members of the House of Representatives appointed by the Speaker 
of the House of Representatives; 

(2) Two persons appointed by the Speaker of the House of Representatives 
who are not members of the General Assembly; 

(3) Five Senators appointed by the President Pro Tempore of the Senate; and 

(4) Two persons appointed by the President Pro Tempore of the Senate who 
are not members of the General Assembly. 

(b) The Speaker of the House of Representatives shall designate one represen- 
tative as cochair and the President Pro Tempore of the Senate shall designate one 
Senator as cochair. 

(c) The Commission shall study the whole issue of the need for welfare 
reform in light of the current social crisis caused, in part, by the rapidly increasing 
incidence of violent crimes. This study shall include: 

(1) A reexamination of the whole purpose of the welfare system and an 
identification of those disincentives to raising responsible, independent 
participants in society that are built into the system; 

(2) An analysis of the federal welfare reform proposals and of other states' 
initiatives; and 

(3) A compilation and detailed examination, including detailed fiscal analy- 
sis, of proposals to reform the welfare system. 

(d) The reexamination prescribed by subdivision (1) of this subsection shall 
specifically include consideration of the following bills introduced in the 1993 General 
Assembly, Extra Session 1994: House Bill 141, introduced by Representative Fitch, 
House Bill 209, introduced by Representative McAllister, House Bill 80, introduced by 
Representative Berry, Senate Bill 129, introduced by Senator Cochrane, and any other 
welfare reform initiatives introduced in this session. 

(e) The Commission may submit an interim report to the General Assembly 
on or before the first day of the 1994 Regular Session of the 1993 General Assembly 
and shall submit a final report, including a complete proposal for welfare reform, to the 
1995 General Assembly within one week of its convening, by filing the report with the 
Speaker of the House of Representatives and the President Pro Tempore of the Senate. 
Upon filing its final report, the Commission shall terminate. 

(f) The Commission, while in the discharge of official duties, may exercise all the 
powers provided for under the provisions of G.S. 120-19 and G.S. 120-19.1 through G.S. 
120-19.4. The Commission may meet at any time upon the joint call of the cochairs. 
The Commission may meet in the Legislative Building or the Legislative Office Building. 

(g) Members of the Commission shall receive subsistence and travel expenses 
at the rates set forth in G.S. 120-3.1 or G.S. 138-5, as appropriate. 

(h) The Commission may contract for professional, clerical, or consultant 
services as provided by G.S. 120-32.02. The Legislative Services Commission, 
through the Legislative Administrative Officer, shall assign professional staff to assist in 
the work of the Commission. The House of Representatives' and the Senate's Supervi- 
sors of Clerks shall assign clerical staff to the Commission or committee, upon the 
direction of the Legislative Services Commission. The expenses relating to clerical 
employees shall be borne by the Commission. 

(i) When a vacancy occurs in the membership of the Commission, the vacancy 
shall be filled by the same appointing officer who made the initial appointment. 



March 25, 1994 



194 SENATE JOURNAL [Extraordinary Session 

(j) All State departments and agencies and local governments and their subdi- 
visions shall furnish the Commission with any information in their possession or avail- 
able to them. 

Requested by: Senators Forrester, Cochrane, Hartsell, Shaw, Ballance, Odom, Daniel, 

Plyler, Representatives Nesbitt, Diamont 
LRC STUDY ON THE CAUSES OF CRIME IN NORTH CAROLINA 

Sec. 48. (a) The Legislative Research Commission may study the causes of 
crime in North Carolina. This study may include: 

(1) Review of available information regarding the causes of crime in North 
Carolina, including relevant criminological, behavioral, sociological, and 
social sciences data, and other pertinent information on crime; 

(2) Review of the relationship between adolescent childbearing and criminal 
behavior of adolescent parents and of children bom to adolescent parents; 

(3) Conducting public hearings on the causes of crime in North Carolina; 

(4) Review of studies regarding the causes of crime conducted by public 
and private entities of other jurisdictions; and 

(5) Development of legislative recommendations calculated to address effec- 
tively the root causes of crime in North Carolina. 

(b) The LRC may make its final report on the study authorized under this 
section to the 1995 General Assembly. 

Requested by: Senators Simpson, Cochrane, Hartsell, Shaw, Cooper, Soles, Daniel, 

Plyler, Representatives Nesbitt, Diamont 
JOINT LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE 

Sec. 49. (a) Chapter 120 of the General Statutes is amended by adding a new 
Article to read: 

" ARTICLE 12J. 
"Joint Legislative Corrections Oversight Committee. 
"§ 120-70.93. Creation and membership of Joint Legislative Corrections Over- 
si ght Committee. 

The Joint Legislative Corrections Oversight Committee is established. The Commit- 
tee consists of 16 members as follows: 

UQ Eight members of the Senate appoin ted bv the President Pro Tempore of 
the Senate, at least two of whom are members of the minority party: and 
(21 Ei ght members of the House of Representatives appointed by the Speak- 
er of the House of Representatives, at least three of whom are members 
of the minority party. 

Terms on the Committee are for two years ana 1 begin on the convening of the 

General Assembly in each odd-numbered year, except the terms of the initial members, 
which begin on appointment and end on the day of the convening of the 1995 General 

Assembly, Members may complete a term of service on the Committee even if they do 
not seek reelection or are not reelected to the general Assembly, but resignation or 

removal from service in the General Assembly constitutes resignation or removal from 
service on the Committee. 

A member continues to serve until his successor is appointed. A vacancy shall be 
filled within 30 days by the officer who made the original appointment. 
"§ 120-7Qt94, Purpose and powers of Committee, 

(a) The Joint Legislative Corrections Oversight Committee shall examine, on a 
continuing basis, the correctional system in North Carolina, in order to make ongoing 

recommendations to the General Assembly on ways to improve the correctional system 
and to assist that system in realizing its objectives of protecting the public and of 
punishing and rehabilitating offenders. In this examination, the Committee shall: 

UQ Study the budget, programs, and policies of the Department of Correc- 
tion, to determine ways in which the Oeneral Assembly may improve 

the effectiveness of that Department: 
{21 Examine th e effectiveness of the Department of Correction in imple- 
menting the public policy stated in G.S. 148-26 of providing work 

March 25, 1994 



1994] SENATE JOURNAL 195 

assignments and em ployment for inmates as a means of reducing the 
cost of maintaining the inmate population while enabling inmates to 
ac quire or retain skills and work habits needed to secure honest employ- 
ment after their release; and 
(2) Study anv other corrections matters that the Committee considers necessary. 
(W\ The Committee may make interim reports to the General Assembly on matters 
for which it may report to a regular session of the General Assembly. A report to the 
General Ass embly may contain anv legislation needed to implement a recommendation 
of the Committee. 
"§ 120-70.95. Organization of Committee. 

(a) The President Pro Tempore of the Senate and the Speaker of the House of 
Representatives shall each designate a cochair of the Joint Legislative Corrections Over- 
sight Comm ittee. The Committee shall meet at least once a quarter and may meet at 
other times upon the joint call of the cochairs. 

(b^ A quorum of the Committee is nine members. No action may be taken except 
by a majority vote at a meeting at which a quorum is present. While in the discharg e 
of its official duties, the Committee has the powers of a joint committee under G.S. 
120-19 and G.S. 120-19.1 through G.S. 120-19.4. 

(c) Members of the Committee receive subsistence and travel expenses as provided in 
G.S. 120-3. 1. The Committee may contract for consultants or hire employees in accor- 
dance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative 
Administrative Officer, shall assign professional staff to assist the Committee in its work. 
Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of 
the Senate a nd pf the H o use of Re pre senta t ives sh al l assi g n clerical staff to the Com mi ttee. 
The expenses for elerical employees shall be to me by the Committee." 
(b) This section becomes effective July 1, 1994. 

Requested by: Senators Odom, Daniel, Plyler, Representatives Nesbitt, Diamont 
LRC FARM CAMP STUDY 

Sec. 50. The Legislative Research Commission may study the feasibility of 
establishing a Farm Camp Program for troubled youth. For purposes of this study, the 
term "troubled youth" means: (i) juvenile delinquents who would otherwise be com- 
mitted to training schools, and (ii) individuals under the age of 21 years who are guilty 
of nonviolent felony offenses. The Department of Correction, the Department of Hu- 
man Resources, the Division of Youth Services, and the Administrative Office of the 
Courts shall cooperate in the study. The study may include: 

(1) An analysis of similar work and community service programs established 
for troubled youth in this State and other states, which analysis shall 
include data on the recidivism rate of the troubled youth participating in 
the programs, the effects of the programs on the farm communities in 
which the youth are working, and the success rate of incorporating the 
youth in the work force after they leave the programs; 

(2) A review of academic and professional studies regarding the effects of 
community involvement and participation on youth, including an ex- 
amination of the beneficial effects of providing troubled youth with the 
opportunity to develop work skills, to become productive citizens, and 
to develop self-confidence, independence, and self-esteem; 

(3) An analysis of whether the Farm Camp Program will reduce the popula- 
tions of the State prisons and training schools and any other anticipated 
effects it will have on the Department of Correction, the Department of 
Human Resources, and the Division of Youth Services; 

(4) A review of information from the North Carolina Farm Bureau Federation, 
Inc.; 

(5) An examination of the federal and State laws that affect troubled youth; and 

(6) A fiscal analysis of the costs of establishing and operating a Farm Camp 
Program for a five to 10-year period. 

March 25, 1994 



196 SENATE JOURNAL [Extraordinary Session 

Requested by: Senators Kincaid, Soles, Daniel, Plyler, Representatives Nesbitt, Diamont 
COURTS COMMISSION STUDY MAGISTRATES INFRACTIONS/LEVEL I 
MISDEMEANORS 

Sec. 51. The North Carolina Courts Commission shall study whether to: 

(1) Expand the jurisdiction of magistrates to allow them to dispose of in- 
fractions; 

(2) Facilitate the procedure for disposing of infractions; and 

(3) Allow magistrates to dispose of all Level I misdemeanors according to 
plea agreements between the State and defendants. 

The North Carolina Courts Commission shall make an interim report to the 
1993 General Assembly, Regular Session 1994, no later than May 15, 1994, and shall 
make a final report to the 1995 Regular Session of the General Assembly no later than 
its convening. 

Requested by: Senators Kincaid, Soles, Daniel, Plyler, Representatives Nesbitt, Diamont 
COURTS COMMISSION STUDY CONCURRENT JURISDICTION BETWEEN 
THE DISTRICT AND SUPERIOR COURTS FOR DISPOSITION OF CERTAIN 
FELONIES 

Sec. 52. The North Carolina Courts Commission shall study whether to provide 
concurrent jurisdiction between the district and superior courts for the disposition of 
certain felonies. 

The North Carolina Courts Commission shall make an interim report to the 
1993 General Assembly, Regular Session 1994, no later than May 15, 1994, and shall 
make a final report to the 1995 Regular Session of the General Assembly no later than 
its convening. 

Requested by: Representatives Ellis, Nesbitt, Diamont, 
Senators Daniel, Plyler, Odom, Ballance 
LRC STUDY PLACEMENT OF FELONS 16 YEARS OF AGE OR OLDER IN 
PRIVATE CORRECTIONAL FACILITIES 

Sec. 53. The Legislative Research Commission may study whether felons 16 
years of age or older who are sentenced to State prison may be housed in private 
correctional facilities that equal or exceed the standards for adult correctional institu- 
tions of the American Correctional Association for construction and habitation. The 
report shall be made to the 1993 General Assembly, Regular Session 1994. 

PART 16. TECHNICAL CHANGES 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 

CORRECT OMISSION IN CHAPTER 561 

Sec. 54. Chapter 561 of the 1993 Session Laws is amended by adding the 

following new section to read: 
"MOST TEXT APPLIES ONLY TO 1993-95 BIENNIUM 
Sec. 23.1. Except for statutory changes or other provisions that clearly indicate an 

intention to have effects beyond the 1993-95 biennium, the textual provisions of this 

act shall apply only to funds appropriated for and activities occurring during the 

1993-95 biennium." 

Requested by: Senators Plyler, Daniel, Representatives Nesbitt, Diamont 

EXTEND REPORTING DATE OF BUDGET PRACTICES STUDY COMMISSION 

Sec. 55. Sec. 22(f) of Chapter 321 of the 1993 Session Laws reads as rewritten: 
"(f) The Budget Practices Study Commission shall report its findings and recommen- 
dations to the 1993 G e n e ral Ass e mbly, 1994 R e gular S e ssion. 1995 General Assembly 
upon its convening. " 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
LEGISLATIVE STUDY COMMISSION ON COMMUNITY COLLEGE CAPI- 
TAL NEEDS REPORT EXTENSION 

Sec. 56. (a) The second paragraph of Section 6(b)H. of Chapter 542 of the 
1993 Session Laws reads as rewritten: 

March 25, 1994 



1994] SENATE JOURNAL 197 

"It is the intent of the General Assembly to appropriate the proceeds of the bonds and 
notes in 1994 or at a subsequent session based on consideration of the recommendations of 
the Legislative Study Commission on Community College Capital Needs in it s r e port to be 
submitted to the General Assembly by April 1994 as provided in Section 11 of this act 
Actual appropriations by the General Assembly in 1994 or at a subsequent session may be 
made without regard to the expressed intentions set forth above." 

(b) Section 11(7) of Chapter 542 of the 1993 Session Laws reads as rewritten: 
"(7) The Commission shall mak e a final r e port to th e G e n e ral As se mbly by 
April 1. 1994. may make an interim report to the 1994 Regular Session 
of the 1993 General Assembly and shall make a final report to the 
General Assembly not later than its convening in 1995. Any appropri- 
ations recommended by the Commission in an interim report shall be the 
final recommendations with respect to those appropriations. " 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
LEGISLATIVE STUDY COMMISSION ON ECONOMIC INCENTIVES TO 
LURE INDUSTRY REPORTING EXTENSION 

Sec. 57. Section 103 (d) of Chapter 561 of the 1993 Session Laws reads as 
rewritten: 

"(d) The Commission shall may submit a report to the 1993 General Assembly. Regular 
Session 1994 and shall submit a final report of its findings and recommendations to the 
1995 General Assembly on or before April 15, 199*1, its convening , by filing the report 
with the Speaker of the House of Representatives and the President Pro Tempore of the 
Senate. Upon filing its final report, the Commission shall terminate." 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 

FISCAL TRENDS AND REFORM COMMITTEE REPORTING EXTENSION 

Sec. 58. Section 169 of Chapter 321 of the 1993 Session Laws reads as 
rewritten: 

"Sec. 169. The Legislative Research Commission may study , and the Fi s cal Tr e nd s 
Study Commission shall study 4 all appropriations from the Highway Fund to agencies 
other than the Department of Transportation, including the Highway Patrol, Department 
of Correction, and Department of Public Instruction, and shall may report to the Gener 
al Ass e mbly by the first day of th e 1991 R e gular S e ssion 1994 Regular Session of the 
1993 General Assem bly and the 1995 General Assembly on or before its convening on 
the appropriateness of these appropriations, the trends of these appropriations, on how 
the future growth in these appropriations can be limited, and on a policy on what type 
of programs can be funded from the Highway Fund." 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
LEGISLATIVE RESEARCH COMMISSION (REFERRED DRIVER EDUCA- 
TION PROGRAM TO JOINT LEGISLATIVE EDUCATION OVERSIGHT 
COMMITTEE) 

Sec. 59. Section 144.3 of Chapter 321 of the 1993 Session Laws reads as 
rewritten: 

"Sec. 144.3. The Legislative Research Commission shall study the driver education 
program offered by the public schools. The study shall consider: 

(1) The efficiency of the program and the impact on the efficiency of the 
program of the 1991 statutory changes allowing local boards of education 
to contract with public or private entities to provide driver education; 

(2) The impact on parents and students, especially in rural areas, of the State 
Board of Education rule requiring that driver education be offered out- 
side of the regular instructional day; and 

(3) The overall cost of the program and the projected five-year cost of the 
program. 

The Commission shall may make an interim report th e r e sults of its study by April 15, 
^94, to the 1994 Regular Session of the 1993 General A ssembly and a final report to 
the 1 995 General Assembly upon its convening ." 

March 25, 1994 



198 SENATE JOURNAL [Extraordinary Session 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
LEGISLATIVE STUDY COMMISSION ON STATUS OF EDUCATION AT THE 
UNIVERSITY OF NORTH CAROLINA 

Sec. 60. Section 101.5(g) of Chapter 321 of the 1993 Session Laws reads as 
rewritten: 

"(g) The Commission shall make an int e rim r e port interim reports, as it deems 
a ppropriate, t o the Joint Legislative Education Oversight Committee no lat e r than April 
15, 1994, and shall make a final report to the Joint Legislative Education Oversight 
Committee no later than F e bruary 15+ 1995, March 1. 1995. at which time the Com- 
mission shall terminate." 

PART 17. CAPITAL IMPROVEMENT PROVISIONS 

Requested by: Senators Daniel, Plyler, Kaplan, Representatives Nesbitt, Diamont 
RESERVE FOR ADVANCE PLANNING 

Sec. 61. The Office of State Budget and Management shall report to the Joint 
Legislative Commission on Governmental Operations and to the Fiscal Research Divi- 
sion on how it intends to spend funds from the Reserve for Advance Planning at least 
45 days before it spends the funds. 

The Office of State Budget and Management shall also report the results of any 
project on which it uses funds from the Reserve for Advance Planning to the Joint Legis- 
lative Commission on Governmental Operations and to the Fiscal Research Division. 

Requested by: Senators Daniel, Plyler, Kaplan, Representatives Nesbitt, Diamont 
ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND 

Sec. 62. When each capital improvement project appropriated by the 1994 Extra 
Session of the General Assembly, other than those projects under the Board of Governors 
of The University of North Carolina, is placed under construction contract, direct appropri- 
ations shall be encumbered to include all costs for construction, design, investigation, ad- 
ministration, movable equipment, and a reasonable contingency. Unencumbered direct ap- 
propriations remaining in the project budget shall be placed in a project reserve fund 
credited to the Office of State Budget and Management Funds in the project reserve may 
be used for emergency repair and renovation projects at State facilities with the approval of 
the Director of the Budget The project reserve fund may be used, at the discretion of the 
Director of the Budget to allow for award of contracts where bids exceed appropriated 
funds, if those projects supplemented were designed within the scope intended by the 
applicable appropriation or any authorized change in it and if, in the opinion of the 
Director of the Budget all means to award contracts within the appropriation were reason- 
ably attempted. At the discretion of the Director of the Budget any balances in the project 
reserve fund shall revert to the original source. 

Requested by: Senators Daniel, Plyler, Kaplan, Representatives Nesbitt, Diamont 
PROJECT COST INCREASE 

Sec. 63. Upon the request of the administration of a State department or 
institution, the Director of the Budget may, when in the Director's opinion it is in the 
best interest of the State to do so, increase the cost of a capital improvement project. 
Provided, however, that if the Director of the Budget increases the cost of a project 
the Director shall report that action to the Joint Legislative Commission on Govern- 
mental Operations at its next meeting. The increase may be funded from gifts, federal 
or private grants, special fund receipts, excess patient receipts above those budgeted at 
University of North Carolina Hospitals at Chapel Hill, or direct capital improvement 
appropriations to that department or institution. 

Requested by: Senators Daniel, Plyler, Kaplan, Representatives Nesbitt, Diamont 
NEW PROJECT AUTHORIZATION 

Sec. 64. Upon the request of the administration of any State department or institu- 
tion, the Governor may authorize the construction of a capital improvement project not 
specifically authorized by the General Assembly if such project is to be funded by gifts, 
federal or private grants, special fund receipts, excess patient receipts above those budgeted 

March 25, 1994 



1994] SENATE JOURNAL 199 

at University of North Carolina Hospitals at Chapel Hill, or self-liquidating indebtedness. 
Provided, however, that if the Director of the Budget authorizes the construction of such a 
capital improvement project, the Director shall report that action to the Joint Legislative 
Commission on Governmental Operations at its next meeting. 

Requested by: Senators Daniel, Plyler, Kaplan, Representatives Nesbitt, Diamont 
ADVANCE PLANNING OF CAPITAL IMPROVEMENT PROJECTS 

Sec. 65. Funds which become available by gifts, excess patient receipts above 
those budgeted at University of North Carolina Hospitals at Chapel Hill, federal or 
private grants, receipts becoming a part of special funds by act of the General Assem- 
bly, or any other funds available to a State department or institution may be utilized 
for advance planning through the working-drawing phase of capital improvement pro- 
jects, upon approval of the Director of the Budget. The Director of the Budget may 
make allocations from the Advance Planning Fund for advance planning through the 
working-drawing phase of capital improvement projects, except that this revolving 
fund may not be utilized by the Board of Governors of The University of North 
Carolina or the State Board of Community Colleges. 

Requested by: Senators Daniel, Plyler, Kaplan, Representatives Nesbitt, Diamont 
APPROPRIATIONS LIMITS/REVERSION OR LAPSE 

Sec. 66. Except as permitted in previous sections of this act, the appropriations for 
capital improvements made by the 1994 Extra Session of the General Assembly may be 
expended only for specific projects set out by the 1994 Extra Session of the General 
Assembly and for no other purpose. Construction of all capital improvement projects 
enumerated by the 1994 Extra Session of the General Assembly shall be commenced, or 
self-liquidating indebtedness with respect to them shall be incurred no later than the end of 
the 1993-95 biennium. If construction contracts on those projects have not been awarded 
or self-liquidating indebtedness has not been incurred within that period, the direct ap- 
propriation for those projects shall revert to the original source, and the self-liquidating 
appropriation shall lapse; except that direct appropriations may be placed in a reserve fund 
as authorized in this act This deadline with respect to both direct and self-liquidating 
appropriations may be extended with the approval of the Director of the Budget up to an 
additional 12 months if circumstances and conditions warrant such extension. 

Requested by: Senators Daniel, Plyler, Gulley, 

Representatives Nesbitt, Diamont, Moore, Wilkins 
CONSTRUCTION FUND LIMITATIONS/RESERVE FOR CONSTRUCTION OF 
DETENTION CENTER/RELOCATE UMSTEAD PRISON BEDS 

Sec. 67. (a) With respect to funds appropriated in this act for construction of 
additional prison beds at Piedmont, Lumberton, Pender, Wayne, and Brown Creek, the 
Director of the Budget may increase or decrease the amount allocated to a particular 
institution within the aggregate amount of construction funds available, and the Secre- 
tary of Correction may, as appropriate and necessary, authorize construction of those 
beds at other facilities owned and operated by the Division of Prisons. 

(b) The Office of State Construction of the Department of Administration may 
contract for and supervise all aspects of administration, technical assistance, design, 
construction, or demolition of facilities in order to implement the providing of facilities 
under the provisions of this act. 

The facilities authorized under this act shall be constructed in accordance with the 
provisions of general law applicable to the construction of State facilities. If the Secretary 
of Administration, after consultation with the Secretary of Correction, finds that the delivery 
of facilities must be expedited for good cause, the Office of State Construction of the 
Department of Administration shall be exempt from the following statutes and rules imple- 
menting those statutes, to the extent necessary to expedite delivery: G.S. 143-135.26, 
143-128, 143-129, 143-131, 143-132, 143-134, 113A-1 through 113A-10, 113A-50 
through 113A-66, 133-l.l(g), and 143^08.1 through 143^108.7. 

Prior to exercising the exemptions allowable under this section, the Secretary of 
Administration shall give reasonable notice in writing of the Department's intent to 

March 25, 1994 



200 SENATE JOURNAL [Extraordinary Session 

exercise the exemptions to the Speaker of the House of Representatives, the President 
Pro Tempore of the Senate, the Chairs of the House and Senate Appropriations Com- 
mittees, the Chairs of the House and Senate Appropriations Subcommittees on Justice 
and Public Safety, and the Fiscal Research Division. The written notice shall contain 
at least the following information: (i) the specific statutory requirement or requirements 
from which the Department intends to exempt itself; (ii) the reason the exemption is 
necessary to expedite delivery of facilities; (iii) the way in which the Department 
anticipates the exemption will expedite the delivery of facilities; and (iv) a brief sum- 
mary of the proposed contract for the project which is to be exempted. 

The Office of State Construction of the Department of Administration shall 
have a verifiable ten percent (10%) goal for participation by minority- and women- 
owned businesses. All contracts for the design, construction, or demolition of facilities 
shall include a penalty for failure to complete the work by a specified date. 

The Office of State Construction of the Department of Administration shall 
involve the Department of Correction in all aspects of the projects to the extent that 
such involvement relates to the Department's program needs and to its responsibility 
for the care of the prison population. 

(c) The Office of State Construction of the Department of Administration shall 
provide quarterly reports to the Chairs of the Appropriations Committee and the Base 
Budget Committee in the Senate, the Chairs of the Appropriations Committee in the 
House of Representatives, the Joint Legislative Commission on Governmental Opera- 
tions, and the Fiscal Research Division as to any changes in projects and allocations 
made under this act. The report shall include any changes in the projects and alloca- 
tions made pursuant to this act, information on which contractors have been selected, 
what contracts have been entered into, the projected and actual occupancy dates of 
facilities contracted for, the number of beds to be constructed on each project, the 
location of each project, and the projected and actual cost of each project. 

The Department of Insurance and the Department of Correction shall report 
quarterly to the Joint Legislative Commission on Governmental Operations on their 
involvement in the construction program. 

(d) The two 50-bed dormitories authorized for construction at Umstead 
Correctional Center pursuant to Section 3 of Chapter 550 of the 1993 Session Laws 
shall not be constructed at Umstead Correctional Center. The Secretary of Correction 
shall authorize the construction of those beds at other facilities owned and operated by 
the Division of Prisons. 

(e) Of the funds appropriated to the Department of Human Resources in this 
act, the sum of one million six hundred thousand dollars ($1,600,000) for the 1994-95 
fiscal year shall be held in a reserve for the construction of one detention center, to be 
available for allocation as prescribed by the 1993 General Assembly, Regular Session 
1994. The Joint House and Senate Human Resources Appropriations Subcommittees 
shall receive and review the findings and recommendations of the Juvenile Secure 
Custody Study authorized in Section 87 of Chapter 561 of the 1993 Session Laws to 
determine if these reserved funds need to be expended for the construction. 

PART 18. MISCELLANEOUS PROVISIONS 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
EFFECT OF HEADINGS 

Sec. 68. The headings to the Parts and sections of this act are a convenience 
to the reader and are for reference only. The headings do not expand, limit, or define 
the text of this act. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
EXECUTIVE BUDGET ACT REFERENCE 

Sec. 69. The provisions of the Executive Budget Act, Chapter 143, Article 1 
of the General Statutes, are reenacted and shall remain in full force and effect and are 
incorporated in this act by reference. 



March 25, 1994 



1994] SENATE JOURNAL 201 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
MOST TEXT APPLIES ONLY TO 1993-95 BIENNIUM 

Sec. 70. Except for statutory changes or other provisions that clearly indicate 
an intention to have effects beyond the 1993-95 biennium, the textual provisions of 
this act shall apply only to funds appropriated for and activities occurring during the 
1993-95 biennium. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
SEVERABILITY CLAUSE 

Sec. 71. If any section or provision of this act is declared unconstitutional or 
invalid by the courts, it does not affect the validity of the act as a whole or any part 
other than the part so declared to be unconstitutional or invalid. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
1993-94 APPROPRIATIONS LIMITATIONS AND DIRECTIONS APPLY 

Sec. 72. Except where expressly repealed or amended by this act, the provi- 
sions of Chapters 321 and 561 of the 1993 Session Laws remain in effect. Section 9 
of Chapter 321 of the 1993 Session Laws does not apply to this act. 

Requested by: Senators Daniel, Plyler, Representatives Nesbitt, Diamont 
EFFECTIVE DATE 

Sec. 73. Except as otherwise provided, this act is effective upon ratification. 

On motion of Senator Daniel, the Chair orders the Conference Report placed on the 
Calendar for immediate consideration upon its adoption. 

The Chair rules the Conference Report contains substantive amendments and requires 
adoption on second and third readings. 

On motion of Senator Daniel, the Senate adopts the Conference Report on its second 
reading (32-0), and with unanimous consent, remains before the Senate for consider- 
ation upon third reading. 

Senator Marshall rises to announce a pair on third reading, as follows: "If Senator 
Folger were present, he would vote no on S.B. 150 (House Committee Substitute); I 
would vote aye." 

The Chair calls for a voice vote and the Conference Report is adopted on third 
reading. 

Senator Perdue requests to be recorded voting aye on the third reading of the 
Conference Report. 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body of such action. 

CALENDAR (Continued) 

S J.R. 178, a joint resolution adjourning the 1994 Extra Session sine die, introduced 
and placed earlier today on the Calendar. 

The joint resolution passes its second (32-0) and third readings and is ordered sent 
to the House of Representatives by special messenger. 

With unanimous consent, the Chair grants a leave of absence for the remainder of 
today's session to Senator Cochrane, due to illness. 

CONFERENCE REPORT 

H.B. 128 (Senate Committee Substitute) 

Senator Odom, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon H.B. 128 (Committee 
Substitute), a bill to make it a misdemeanor for a person to willfully make a false, 

March 25, 1994 



202 SENATE JOURNAL [Extraordinary Session 

misleading, or unfounded report to a law enforcement agency or officer, and the Senate 
Committee Substitute bill which proposes to change the title, upon concurrence, to read 
H.B. 128 (Senate Committee Substitute), a bill to amend the law to enhance crime control 
and to increase the punishment for certain offenses, submits the following report 

To the President of the Senate and the 
Speaker of the House of Representatives: 

The conferees appointed to resolve the differences between the Senate and the House 
of Representatives on House Bill 128, A BILL TO BE ENTITLED AN ACT TO 
AMEND THE LAW TO ENHANCE CRIME CONTROL AND TO INCREASE THE 
PUNISHMENT FOR CERTAIN OFFENSES, Senate Select Committee on Corrections/ 
Punishment Substitute Adopted 3/24/94, Third Edition, submit the following report: 

The House of Representatives and the Senate agree to the following amendment to 
the Senate Select Committee on Corrections/Punishment Substitute Adopted 3/24/94, 
Third Edition, and the House concurs in the Senate Select Committee on Corrections/ 
Punishment Substitute Adopted 3/24/94, Third Edition: 

Delete the entire Senate Select Committee on Corrections/Punishment Substitute 
Adopted 3/24/94, Third Edition, and substitute the attached Proposed Conference Com- 
mittee Substitute PCCS 7393. 

The conferees recommend that the Senate and House of Representatives adopt this 
report. 

Date conferees approved report: March 25, 1994. 

S/T. L. Odom S/H. M. Michaux, Jr. 

S/Frank W. Ballance, Jr. S/B. Holt 

Elaine F. Marshall S/David T Flaherty, Jr. 

S/Fletcher L. Hartsell, Jr. 
S/Sands 

Conferees for the Senate Conferees for the 

House of Representatives 

The text of the attached Proposed Conference Committee Substitute 7393, which 
changes the title, is as follows: 

A BILL TO BE ENTITLED AN ACT TO MAKE IT A MISDEMEANOR FOR A 
PERSON TO WILLFULLY MAKE A FALSE, MISLEADING, OR UNFOUNDED 
REPORT TO A LAW ENFORCEMENT AGENCY OR OFFICER. 

The General Assembly of North Carolina enacts: 

Section 1. G.S. 14-225 reads as rewritten: 
"§ 14-225. Fal se , e tc., False reports to polic e radio broadca s ting s tation s , law 
enforcement agencies or officers. 

Any person who shall willfully make or cause to be made to a polic e radio broad 
casting station law enforcement agency or officer any false, misleading or unfounded 
report, for the purpose of interfering with the operation th e r e of, of a law enforcement 
agency, or to hinder or obstruct any p e ac e law enforcement officer in the performance 
of his duty, shall be guilty of a misdemeanor punishable by a fine not to exceed five 
hundred dollars ($500.00), imprisonment for not more than six months, or both." 
Sec. 2. G.S. 14-225, as enacted by Section 1 of this act, reads as rewritten: 
"§ 14-225. False reports to law enforcement agencies or officers. 

Any person who shall willfully make or cause to be made to a law enforcement 
agency or officer any false, misleading or unfounded report, for the purpose of interfer- 
ing with the operation of a law enforcement agency, or to hinder or obstruct any law 
enforcement officer in the performance of his duty, shall be guilty of a misdem e anor 

March 25, 1994 



1994] SENATE JOURNAL 203 

punishabl e by a fin e not to e xc ee d fiv e hundr e d dollars ($500.00), imprisonm e nt for 
not mor e than six months, or both. Class 2 misdemeanor. " 

Sec. 3. Section 137 of Chapter 539 of the 1993 Session Laws is repealed. 

Sec. 4. Section 1 of this act becomes effective July 1, 1994, and applies to 
offenses occurring on or after that date. Sections 2 and 3 of this act become effective 
on the same day that Chapter 538 of the 1993 Session Laws becomes effective and 
apply to offenses occurring on or after that date. Section 4 of this act is effective upon 
ratification. Prosecutions for offenses committed before the effective dates of this act 
are not abated or affected by this act, and the statutes that would be applicable but for 
this act remain applicable to those prosecutions. 

On motion of Senator Odom, the Chair orders the Conference Report placed on the 
Calendar for immediate consideration upon its adoption. 

The Chair rules the Conference Report contains substantive amendments and requires 
adoption on second and third readings. 

On motion of Senator Odom, the Senate adopts the Conference Report on its second 
(32-0) and third readings, and the title reverts to H.B. 128 (Committee Substitute), a 
bill to make it a misdemeanor for a person to willfully make a false, misleading, or 
unfounded report to a law enforcement agency or officer. 

Senator Perdue requests to be recorded voting aye on the third reading of the 
Conference Report. 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body of such action. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 150 House of Representatives 

(House Committee Substitute) March 25, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on House Committee Substitute for 
Committee Substitute for SB 150, A BILL TO BE ENTITLED AN ACT TO ADJUST 
THE APPROPRIATIONS MADE FOR THE 1993-94 FISCAL YEAR AND THE 
1994-95 FISCAL YEAR TO AID IN THE CONTROL AND PREVENTION OF 
CRIME, to the end that when a similar action has been taken on the part of the Senate, 
you may order the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

The Chair orders the House Committee Substitute bill enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 39 House of Representatives 

(Senate Committee Substitute) March 25, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Senate Committee Substitute for House 
Committee Substitute # 2 for HB 39, A BILL TO BE ENTITLED AN ACT TO ESTAB- 
LISH CRIME PREVENTION AND ENHANCED PUNISHMENT INITIATIVES, 

March 25, 1994 



204 SENATE JOURNAL [Extraordinary Session 

AND TO AMEND THE LAW TO ENHANCE CRIME CONTROL, to the end that 
when a similar action has been taken on the part of the Senate, we will order the bill 
enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H.B. 128 House of Representatives 

(Senate Committee Substitute) March 25, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Senate Committee Substitute for 
Committee Substitute for HB 128, A BILL TO BE ENTITLED AN ACT TO MAKE 
IT A MISDEMEANOR FOR A PERSON TO WILLFULLY MAKE A FALSE, MIS- 
LEADING, OR UNFOUNDED REPORT TO A LAW ENFORCEMENT AGENCY 
OR OFFICER, to the end that when a similar action has been taken on the part of the 
Senate, we will order the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

The Chair announces Senator Kerr present for the remainder of today's Session. 

INTRODUCTION OF JOINT RESOLUTION 

Senator Sands introduces a joint resolution to the Senate out of the regular order of 
business, which is read the first time, and disposed of, as follows: 

By Senator Sands: 

SJ.R. 179, a joint resolution adjourning the 1994 Extra Session sine die. 

On motion of Senator Sands, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (27-0) and third readings and is ordered sent 
to the House of Representatives by special messenger. 

On motion of Senator Sands, seconded by Senator Johnson, the Senate adjourns at 
11:59 P.M. to meet tomorrow, Saturday, March 26, at 12:01 A.M. 



THIRTY-FIRST DAY 

Senate Chamber, 
Saturday, March 26, 1994. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 



March 26, 1994 



1994] SENATE JOURNAL 205 

Prayer is offered by the Honorable Joe Johnson, Senator from Wake County, as 
follows: 

"Dear Lord, as we come to the end of this Session, please give us the strength, the 
ability, and above all the humor, to see it through. Amen." 

Senator Sands, for the Rules and Operation of the Senate Committee, announces 
the Journal of yesterday, Friday, March 25, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it 
stands approved as written. 

With unanimous consent, the Chair grants leaves of absence for today to Senator 
Blackmon, to Senator Cochrane, to Senator Folger, to Senator Forrester, to Senator 
Harris, to Senator Martin of Pitt, to Senator Smith, to Senator Winner of Buncombe, 
for observance of Passover; and to Senator Winner of Mecklenburg. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and a resolution properly enrolled, 
and they are duly ratified and sent to the Office of the Secretary of State: 

H.B. 39 (Senate Committee Substitute), an act to establish crime prevention and 
enhanced punishment initiatives, and to amend the law to enhance crime control. (Ch. 
22) 

H.B. 128 (Senate Committee Substitute), an act to make it a misdemeanor for a 
person to willfully make a false, misleading, or unfounded report to a law enforcement 
agency or officer. (Ch. 23) 

S.B. 150 (House Committee Substitute), an act to adjust the appropriations made for 
the 1993-94 fiscal year and the 1994—95 fiscal year to aid in the control and preven- 
tion of crime. (Ch. 24) 

H.B. 171 (Senate Committee Substitute), an act to require notification of parole 
hearings and the decision reached at those hearings to newspapers and other media in 
the county where the prisoner being considered for parole was convicted and, if differ- 
ent, in the county where the prisoner was charged. (Ch. 25) 

S.B. 89 (Committee Substitute), an act to require that the parent, guardian, or next- 
of-kin of a minor who is charged by a law enforcement officer shall be notified 
immediately of the charge by the law enforcement officer making the charge. (Ch. 26) 

H.B. 110 (Senate Committee Substitute), an act to increase the time within which 
hearings for juveniles in custody take place, to provide for waiver of hearings on 
continued custody, to lengthen time of temporary custody of juveniles without an 
order, and to allow placement of juveniles by the Department of Social Services. (Ch. 
27) 

H.B. 145 (Senate Committee Substitute No. 2), an act to amend the law regarding 
the concealment of merchandise in mercantile establishments. (Ch. 28) 

S J.R. 179, a joint resolution adjourning the 1994 Extra Session sine die. (Res. 2) 

Senator Conder, seconded by Senator Johnson, offers a motion that the Senate of the 
1993 General Assembly meeting in Extra Session under the call of the Governor, do 
now adjourn, sine die. 



March 26, 1994 



206 SENATE JOURNAL [Extraordinary Session 

The President Pro Tempore declares the Senate stands ready to adjourn and orders a 
message sent to the House of Representatives informing that Honorable Body that the 
Senate has concluded the business for which it was convened by the Proclamation of 
the Governor and stands ready to adjourn this Extra Session of the 1993 General 
Assembly sine die. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 179 House of Representatives 

March 26, 1994 

Mr. President: 

It is ordered that a message be sent your Honorable Body respectfully advising that 
in accordance with S.J.R. 179 "A JOINT RESOLUTION ADJOURNING THE 1994 
EXTRA SESSION SINE DIE", the 1993 House of Representatives has concluded the 
public business before it and stands ready to adjourn. 

Upon receipt of a message from your Honorable Body that the Senate is ready to 
open its doors, the doors of the House shall be open to the end that the gavels may 
fall simultaneously and adjournment may be declared sine die. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Pursuant to the message that the House of Representatives has concluded the busi- 
ness before it and having notified that Honorable Body that the Senate has concluded 
the business before it, the President Pro Tempore of the Senate declares the Senate 
stands ready for adjournment, sine die. The President Pro Tempore orders the doors 
of the Senate thrown open. The Speaker of the House of Representatives is perceived 
standing ready to let the gavel fall. 

The motion heretofore offered by Senator Conder, seconded by Senator Johnson 
prevails. The hour for adjournment sine die as fixed by Resolution 2 having arrived, 
the President Pro Tempore of the Senate, Marc Basnight, presiding in the absence of 
the Lieutenant Governor, Dennis A. Wicker, President of the Senate, declares the Sen- 
ate of the 1993 General Assembly sitting in Extraordinary Session adjourned, sine die. 

DENNIS A. WICKER 
President of the Senate 

SYLVIA MORRIS FINK 
Principal Clerk of the Senate 



March 26, 1994 



1994] SENATE JOURNAL 209 

ERRATTA 

March 25. 1994 (See page 159) 

The following special message failed to be delivered to the House of Representatives 
after the President Pro Tempore advised the Senate Principal Clerk of his intention to 
appoint Senator Conder as an additional conferee to S.B. 150. Senator Conder did 
confer with the Committee and sign the report. 

EXTRAORDINARY SESSION 
SPECIAL MESSAGE FROM THE SENATE 

(S.B. 150) Senate Chamber, 

March 22, 1994 

Mr. Speaker: 

It is ordered a message be sent to the House of Representatives that the President 
Pro Tempore has appointed Senator Conder as an additional conferee to the conference 
committee on S.B. 150 (Committee Substitute), a bill to establish crime prevention and 
enhanced punishment initiatives, to amend the law to enhance crime control, and to 
appropriate funds for current operations and capital improvements to carry out the 
purposes of this act, which proposed to change the title, upon concurrence, to read 
S.B. 150 (House Committee Substitute), a bill to adjust the appropriations made for the 
1993-94 fiscal year and the 1994-95 fiscal year to create the Budget Modification Act 
of 1994. 

Respectfully, 
S/Sylvia M. Fink 
Principal Clerk 



210 SENATE JOURNAL [Extraordinary Session 

It will be noted that a number of bills and resolutions passed second reading and 
then were read a third time on the same day. 

Rule 50 states: 

No bill on its third reading shall be acted upon out of the regular order 
in which it stands on the calendar, and no bill shall be acted upon on its 
third reading the same day on which it passed its second reading, unless 
so ordered by two-thirds of the membership of the Senate present and 
voting. 

In order to comply with this Rule, no bill which has passed its second reading is 
read a third time except: 

(1) when a member moves that the Rule be suspended, and this motion 
prevails by at least a two-thirds vote of the membership of the Senate 
present and voting, or 

(2) when the Chair determines that there is no objection from any member 
present, which constitutes unanimous consent that Rule 50 be suspended. 

In these cases, the bill is read a third time and remains before the Senate for further 
consideration. 



It will be noted the phrase "without objection" appears throughout the Senate Jour- 
nal. Upon a motion offered, this reflects a determination by the Chair there is no 
objection from a member present, which constitutes unanimous consent, for the order 
of the Chair. 



It will be noted that when a bill passes its second reading and remains on the 
Calendar for further consideration, unless indicated otherwise, the measure is placed on 
the Calendar for the next legislative day in its regular order of business. 



It will be noted that Rule 20(2) of the House of Representatives requires that "all 
measures affecting a fee imposed by the State or any subdivision thereof are classified 
roll-call measures for the purpose of spreading the ayes and noes on the Journal. 
Though the Senate Rules do not require, the Rule of the House of Representatives is 
honored and the measures are considered as roll-call measures, unless ruled otherwise 
by the presiding officer. 



It will be noted that numerical figures appear within parentheses throughout the 
Senate Journal. These figures represent the affirmative and negative votes cast and 
recorded electronically, pursuant to Senate Rule 25. Copies of the voting print-out are 
on file in the Legislative Library. 

Sylvia Fink 
Principal Clerk 



1994] SENATE JOURNAL 

SUMMARY OF BILLS AND RESOLUTIONS 



211 



ORDERED SENT TO THE 
HOUSE OF REPRESENTATIVES 



Bill No. Short Title 



Final Action (Identical Bill) 



SB 


3 


SB 


4 


SB 


5 


SB 


17 


SB 


28 


SB 


30 


SB 


34 


SB 


39 


SB 


40 


SB 


41 


SB 


44 


SB 


46 


SB 


75 


SB 


79 


SB 


83 


SB 167 


SB 170 


SJR178 


HB 


6 


HB 


8 


HB 


29 



Mandatory Life/First Degree Rape 

Violent Felonies/Effective Date 

Three Strikes You're Out 

Modify Prison Cap 

Trans. Juv. To Sup.Ct./Hearing/Records 

Clarify Victims Comp. 

Seat Belt Enforced as Other Laws 

Inmate Job Training 

Require Alternative Punishments 

Teach American Values 

Use of Deadly Force Against Intruder 

Amend Habitual Felon Law 

Publish Photographs of Juveniles 

Parole Eligibility 

Juveniles Fingerprints/Photographs 

Enhance Sentence if Use Firearm 

Sex Offender Registration 

Adjournment Sine Die 

Amend Habitual Felon Law 
Amend Felony Firearms Act 
Longer Juvenile Commitments 



(Id— H 3/Jud 3) 
(Id— H 4/Jud 3) 
(Id— H 5/Unfav) 
(Id— H 17/H Appr) 
(Id— H 28/H Appr) 
(Id— H 30/Ch. 3) 
(Id— H 34/Ch. 5) 



H Appr 
H Appr 
H Jud 3 
H Appr 
H Appr 
H Jud 3 
H Jud 3 
H Appr 
H Const 
H Appr 
H Jud 3 
H Jud 3 
H Jud 3 
H Unfav 
H Jud 3 
H Jud 3 
H Jud 3 
To House 



H Jud 3 (Id— S 6/S Correct.) 
Conference (Id — S 8/S Correct.) 
H Jud 3 (Id— S 29/S Juveniles) 



REMAINING IN THE SENATE 

TO BE TRANSFERRED 
TO ARCHIVES AND HISTORY 

1994 EXTRA SESSION 

The following bills and resolutions remained in the Senate upon adjournment sine 
die and shall be transferred to the Division of Archives and History of the Department 
of Cultural Resources upon adjournment sine die of the 1995 General Assembly in 
accordance with G.S. 120-37(f). 



Bill No. Short Title 

CONFERENCE COMMITTEE 

HB 8 Amend Felony Firearms Act 

UNFAVORABLE 

SB 81 Undisc. Juvenile Age 18 
SB 104 Feticide Crime 



Identical Bill/Last Action 



(Id— S 8/S Correct.) 



212 



SENATE JOURNAL 



[Extraordinary Session 



Summary of Bills/Resolutions Remaining in the Senate — Continued 

Bill No. Short Title Identical Bill/Last Action 



SENATE SIMPLE RESOLUTIONS 

SR 61 Mem. Congress/Television Violence 
SR 74 Filing Deadline Amend. 

APPROPRIATIONS 

SB 12 Prison Construction Funds 
Funds to Lease Jail Space 
Out-of-State Housing Inmates 
Substance Abuse Funds 
DOC Efficiency Funds 
Support Our Stdnts/ 
Fam. Res. Ctrs ./Funds 
Wilderness Camps Funds 
Boot Camp Funds 
Coach Mentor Training Funds 
Gov. One on One Funds 
DYS Comprehensive Study 
Detention/Training Schools/CBA Funds 
Victims Network Funds 
Just. Info ./Law Comm. Funds 
Mecklenburg Drug Court Funds 
Drug Court Program Funds 
Drug/Alcohol Treatment Funds 
Children, Youth, Families 
Alternative Schools Grants/Assignment 
Funds/Court Officers 
Prison Bond Act of 1994 
Increase Burglary & Arson Penalties 
Domestic Elder Abuse or Neglect 
DOC/DHR Sub. Abuse Pilot/Funds 
Study Causes of Crime 
Crime Victims Compensation Fund 
Limiting Violence on Television 
Public Executions 
Report on Crime Initiatives 
Deferred Prosecution Study 
Probation/Parole Diversion Study 
Reinstate Sentencing Provisions 
Structured Sentencing Funds 
Crim. Justice Partnership/Funds 
Corrections Oversight Committee 
Local Crime Prevention Grants 
Welfare Reform Study 
D.A. Access to PEN/Funds 
Child/ Adolescent Mentoring Funds 
Build Juvenile Group Homes 
LRC Weapons Proliferation 



SB 


13 


SB 


14 


SB 


15 


SB 


16 


SB 


18 


SB 


20 


SB 


21 


SB 


22 


SB 


23 


SB 


24 


SB 


25 


SB 


31 


SB 


33 


SB 


35 


SB 


36 


SB 


37 


SB 


38 


SB 


42 


SB 


43 


SB 


47 


SB 


48 


SB 


49 


SB 


53 


SB 


56 


SB 


58 


SR 


61 


SB 


63 


SB 


65 


SB 


66 


SB 


67 


SB 


70 


SB 


71 


SB 


72 


SB 


76 


SB 


80 


SB 


82 


SB 


85 


SB 


86 


SB 


90 


SB 


92 



(Appr) 
(Adopted) 



(Id— H 14/H Appr) 
(Id— H 15/H Appr) 



(Id— H 18/H Appr) 
(Id— H 20/H Appr) 
(Id— H 21/H Appr) 

(Id— H 23/H Appr) 
(Id— H 24/H Rules) 
(Id— H 25/H Appr) 

(Id— H 33/H Appr) 
(Id— H 35/H Appr) 

(Id— H 37/H Hlth&HumServ) 



(Id— H 70/H Appr) 



(Id— H 44/H Appr) 
(Id— H 43/H Appr) 



(Id— H 78/H Appr) 
(Id— H 91/H Rules) 



1994] 



SENATE JOURNAL 



213 



Summary of Bills/Resolutions Remaining in the Senate 

APPROPRIATIONS— Continued 

Bill No. Short Title Identical Bill/Last Action 



SB 93 Service Corps Funds 

SB 94 DOC Dayroom Funds 

SB 97 Contract for Private Prisons 

SB 98 Farm Camp Study 

SB 99 Judicial Campaigns 

SB 100 Felony to Assault Law Officer 

SB 102 Work Camp Pilot 

SB 103 Funds for Crime Stoppers 

SB 106 Satellite Jail Funds 

SB 107 Funds-2 

SB 108 Funds 

SB 109 Funds-3 

SB 111 Build Phys. Train Fac. 

SB 112 Incarcerations Altern. Funds 

SB 113 False Bomb Alarm/Felony 

SB 114 Prison Profits to Victims Fund 

SB 115 Survival Fund LRC 

SB 116 GAPS Funds 

SB 117 Law Off./Firearm Death Benefit 

SB 118 Magistrates/Infraction Disposal 

SB 119 Concurrent Jurisdiction 

SB 126 Family Preserv. Funds 

SB 128 Expand Dart/Prisons 

SB 129 Family Welfare Responsibility 

SB 131 Bunk Inmates In Shifts 

SB 133 Vanceboro Processing Funds 

SB 137 Study Expedite Crim. Appeals 

SB 138 Educational Neglect 

SB 139 Add AGO Correction Staff 

SB 140 Rights of Victims Amendments 

SB 141 Treatment of Youthful Offenders 

SB 143 AOC/Juv. Serv. Funds 

SB 144 Teen Pregnancy Prev. Project 

SB 147 Road Squads — Funds/Identification 

SB 148 Presume Use of Force Reasonable 

SB 149 Tuition Incentive/Funds 

SB 152 Appropriations-2 

SB 153 Anticrime Funding Mechanism II 

SB 154 Anticrime Funding Mechanism I 

SB 155 Anticrime Funding Mechanism III 

SB 156 Court Funding 

SB 157 Superior Court Judges 

SB 158 District Court Judges 

SB 159 Court/Crime Prev. Funds 

SB 160 Magistrates' Qual./Pay Plan 



(Id— H 109/H Appr) 



(Id— H 118/H Appr) 
(Id— H 63/H Appr) 



(Id— H 154/H Rules) 



(Id— H 226/H Appr) 

(Id— S 163/S Appr) 
(Id— H 104/H StGov) 



(Id— H 149/H Appr) 
(Id— H 150/H Cts&Just) 



2 14 SENATE JOURNAL [Extraordinary Session 

Summary of Bills/Resolutions Remaining in the Senate 

APPROPRIATIONS--Continued 

Bill No. Short Title Identical Bill/Last Action 

Study/Criminal Info. Network 

Sheriffs' Drug Buy Funds (Id— S 131/S Appr) 

Bunk Inmates in Shifts (Id— H 104/H StGov) 

Drug Dealer Convict'n Reward Fund 

SBI Agents Salaries 

Parent to Supervise Child 

Reduce Budget One Percent 

Judicial Divisions/Compensation 



Retain Current Habitual Felon Law (Id— H 6/H Jud 3) 

Felony to Possess Cocaine (Id — H 7/Ch. 11) 

Amend Felony Firearms Act (Id — H 8/Conf Com) 

Increase Firearm Penalty (Id — H 9/H Appr) 

Confiscate and Forfeit Guns (Id— H 10/Ch. 16) 

No Gun If Acquitted For Insanity 

Two Strikes You're In 

Capital Offense/Life Without Parole 

Mandatory Elected Sentence 

Use Weapon/ 10 Yr. Mandatory 

Death Penalty For Killing Officer 

Repeal Prison Cap 

Parole Eligibility 

Two Strikes You're In 

Parole Eligibility 

Additional State Troopers (Id— H 107/H Appr) 

Raise Reimbursement/Funds (Id — H 64/H Appr) 

Amend Statutory Rape Law 

Restoration of Citizenship 

Gun Funds/Gun Melt-Down 

Habitual Felon Act 

DOC Inmates Must Work 

MV Window Glazing 



Criminal Technical Amendments 

Commitment Info, to List Victim (Id— H 32/Ch. 12) 

Rights of Victims Amendment 

Restrict Victims Comp 

Victims Compensation Fund 

Victims Compensation Change 

Probation Violation Forfeiture 

Conform to N.C. Law to Brady Bill (Id— H 212/H Jud 1) 

No Gun Permit/Civil Liability (Id— H 93/H Jud 1) 

Eliminate Frivolous Lawsuits 

Expedite Criminal Appeals 

District Judge District 10 (Id— H 148/H Appr) 



SB 161 


SB 162 


SB 163 


SB 164 


SB 165 


SB 168 


SB 173 


SB 174 


CORI 

SB 


IEC 

6 


SB 


7 


SB 


8 


SB 


9 


SB 


10 


SB 


11 


SB 


45 


SB 


51 


SB 


52 


SB 


55 


SB 


57 


SB 


59 


SB 


77 


SB 


95 


SB 


96 


SB 101 


SB 105 


SB 130 


SB 132 


SB 146 


SB 166 


HB 


51 


HB225 


COURTS 


SB 


1 


SB 


32 


SB 


54 


SB 


60 


SB 


73 


SB 


78 


SB 121 


SB 125 


SB 127 


SB 135 


SB 136 


SB 175 



1994] 



SENATE JOURNAL 



215 



Summary of Bills/Resolutions Remaining in the Senate — Continued 

Bill No. Short Title Identical Bill/Last Action 

FINANCE 

SB 145 Firearms Dealers License Tax 



JUVENILES/PREVENTION 

Family Resource Center Grants 

Training School Funds 

Juv. Record/Open and Perm. 

Juv. Commitment/18 

Drug Task Force Funds 

Evidence/Admit Juvenile Record 

Juv. Record Open 

Add Beds/Juv. Det. 

Don't Teach About Unlawful Acts 

Build Residence/Juv. Offdrs 

CBA Law Change/Funds 

Open Juvenile Records 

Detention of Juveniles 

Child-Placement Alternatives/Funds 

Juv. Det. Alt. Funds 

Character Education in Schools 

Alternative Schools Required 

RULES 

SB 68 Hiring Parolees/ 

Completed Sentence Prisoners 
SB 171 Convene 1993 Session 



SB 


19 


SB 


26 


SB 


27 


SB 


29 


SB 


62 


SB 


64 


SB 


69 


SB 


87 


SB 


88 


SB 


91 


SB 110 


SB 120 


SB 122 


SB 134 


SB 142 


SB 169 


SB 172 



(Id— H 19/H Appr) 

(Id— H 26/H Appr) 

(Id— H 27/Ch. 7) 

(Id— H 29/H Appr) 



(Id— H 168/H Rules) 
(Id— H 147/H Cts&Just) 



(Id— H 217/H Rules) 



UNFAVORABLY REPORTED FOR 

COMMITTEE SUBSTITUTE AMENDMENT (* Title Change) 



SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 



14 
18 
20 
23 
24 
25 
28 
30 
33 
35 
38 
42 
44 



Criminal Technical Amendments 

Brutal Rape/Life Without Parole 

Violent Felonies/Effective Date 

Amend Felony Firearms Act 

Amend Felony Firearms Act 

Out-of-State Housing Inmates 

Save Our Students (S.O.S.) Prog. Funds 

Wilderness Camps Funds 

Governor One on One Funds 

DYS Comprehensive Study 

Detention Center Beds Funds 

Trans. Juv. To Sup. Ct./Hearing/Records 

Clarify Victims Com/Funds 

Justice Information System Funds 

Mecklenburg Drug Court Funds 

Children, Youth, Families 

Alternative Schools Grants/ Assignment 

Use of Deadly Force Against Intruder 



(Id— H 3) 
(Id— H 4) 

(forCS#l)(Id— H8) 
(for CS#2) 
(Id— H 14) 
(Id— H 18) 
(Id— H 20) 
(Id— H 23) 
(Id— H 24) 
(Id— H 25) 
(Id— H 28) 
(Id— H 30) 
(Id— H 33) 
(Id— H 35) 
(Id— H 38) 



216 



SENATE JOURNAL 



[Extraordinary Session 



Summary of Bills/Resolutions Remaining in the Senate 

UNFAVORABLY REPORTED FOR COMMITTEE 

SUBSTITUTE AMENDMENT (* Title Change)— Continued 

Bill No. Short Title Identical Bill/Last Action 



SB 


46 


SB 


46 


SB 


49 


SB 


63 


SB 


70 


SB 


82 


SB 


83 


SB 


89 


SB 


93 


SB 


103 


SB 


112 


SB 


113 


SB 


116 


SB 


123 


SB 


123 


SB 


123 


SB 


129 


SB 


132 


SB 


132 


SB 


137 


SB 


138 


SB 


139 


SB 


140 


SB 


141 


SB 


145 


SB 


147 


SB 


148 


SB 


149 


SB 


150 


SB 


151 


SB 


162 


SB 


167 


SB 


167 


SB 


168 


SB 


170 


SB 


170 


SB 


176 


SB 


177 



Amend Habitual Felon Law 
Amend Habitual Felon Law 
Domestic Elder Abuse or Neglect 
Public Executions/County Hanging 
Reinstate Sentencing Provisions 
Welfare Reform Study 
Juvenile Fingerprints/Photographs 
Arrest Minor/Notify Parent 
Service Corps Funds 
Court Cost to Crime Stoppers 
Incarcerations Alternative Funds 
False Bomb Alarm/Felony 
GAPS Funds 

Limit Privileges for Felons 
Limit Privileges for Criminals 
Limit Privileges for Felons 
Family Welfare Responsibility 
Restoration of Citizenship 
Restoration of Citizenship 
Speed Up Crim. Appeals Amend 
Educational Neglect 
Add AGO Correction Staff 
Amendment/Victims' Rights 
Guilford Juv. Det. Funds 
Firearms Dealers License Tax 
Road Squads — Funds/Identification 
Presume Use of Force Reasonable 
Tuition Incentive/Funds 
Appropriations- 1 
Appropriations-3 
Sheriffs' Drug Buy Funds 
Enhance Sentence If Use Firearm 
Enhance Sentence If Use Firearm 
Parent to Supervise Child 
Sex Offender Registration 
Sex Offender Registration 
District Judge Districts 10/30 
Judicial Filing Period 



(forCS#l) 
(for CS#2) 



(Id— H 118) 



(Id— H 154) 
(for CS#l)(Id— H 221) 
(for CS#2)(Id— H221) 
(for CS#3)(Id— H 221) 



(forCS#l) 
(for CS#2) 



(forCS#l) 
(for CS#2) 

(forCS#l) 
(for CS#2) 



1994] 



SENATE JOURNAL 



217 



Summary of Bills/Resolutions Remaining in the Senate 

UNFAVORABLY REPORTED FOR COMMITTEE 

SUBSTITUTE AMENDMENT (* Title Change)— Continued 

Bill No. Short Title Identical Bill/Last Action 



* 


HB 


6 


Modify Habitual Felon Law 


(HCS to SCS)(Id— S 6) 


* 


HB 


7 


Felony to Possess Cocaine 


(Id— S 7) 




HB 


8 


Amend Felony Firearms Act 


(HCS#2 to SCSXId— S 8) 




HB 


10 


Disposition of Firearms 


(HCS to SCS)(Id— S 10) 


* 


HB 


11 


No Gun if Acquitted for Insanity 


(HCS to SCS)(Id— S 11) 




HB 


29 


Longer Juvenile Commitments 


(HCS to SCS)(Id— S 29) 


* 


HB 


30 


Clarify Victims Compensation 


(HCS#2 to SCS)(Id— S 30) 




HB 


32 


Commitment Info, to List Victim 


(HCS to SCS)(Id— S 32) 




HB 


34 


Seat Belt Enforced as Other Laws 


(HCS to SCS)(Id— S 34) 


* 


HB 


39 


Omnibus 1994 Anti-Crime Act 


(HCS#2 to SCS) 


* 


HB 


55 


Criminal Technical Amendments 


(HCS to SCS) 




HB 


110 


Change Temp Custody/Juvenile 


(HCS to SCS) 


* 


HB 


128 


False Report Misdemeanor 


(HCS to SCS) 


* 


HB 


145 


Charge Minor/Tell Parent 


(HCS to SCS) 




HB 


145 


Merchant Notify Minors Parents 


(SCS for SCS#2) 


* 


HB 


171 


Parole Notification to Newspapers 


(HCS to SCS) 


* 


HB 


200 


Parole Nonviolent Inmates 





1994] SENATE JOURNAL 221 

NORTH CAROLINA GENERAL ASSEMBLY 
SENATORIAL DISTRICTS 

(G.S. 120-1) 

DISTRICTS COUNTIES 

(Seats) Townships, Precincts, Census Tracts, Block Groups 

1st (1) BEAUFORT (Townships: Long Acre, Pantego, Washington: Tract 

9905: Block Group 5 [522A, 528A]); BERTIE (Whites, Windsor 2); 
CAMDEN; CHOWAN; CURRITUCK; DARE; HYDE; 
PASQUOTANK; PERQUIMANS; TYRRELL; WASHINGTON 

(Plymouth 3, Scuppernong, Skinnersville). 

2nd (1) BERTIE (Colerain 1, 2, Indian Woods, Merry Hill, Mitchells 1, 2, 

Roxobel, Snakebite, Windsor 1, Woodville); GATES; HALIFAX 
(Butterwood, Conoconnara, Enfield 1, 2, 3, Halifax, Hobgood, Hollister, 
Littleton 1, 2, Palmyra, Roseneath, Scotland Neck 1, 2, Weldon 1, 2, 3); 
HERTFORD; NORTHAMPTON; VANCE (Dabney, Middleburg, 
Townsville, Williamsboro); WARREN. 

3rd (1) CARTERET (Townships: Atlantic, Beaufort, Cedar Island, Davis, 

Harkers Island, Harlowe, Marshallberg, Merrimon, Morehead: Tract 
9703: Block Group 4 [437], Tracts 9704, 9705, 9706: Block Group 1, 
Block Group 2, Block Group 3 [301 A, 302-359], Block Group 4, Tract 
9707, Block Group 6 [601, 602, 621 A, 621B, 624A, 625 A, 626A, 627 A, 
628A, 629 A, 630-648, 649 A, 650-^663], Tract 9708: Block Group 4: 
[401A, 459A, 460-463], Newport, Portsmouth, Sea Level, Smyrna, 
Stacy, Straits, White Oak: Tract 9708: Block Group 1 [101B, 102, 103C, 
105-126, BOB, 139B], Block Group 2 [201, 203, 204], Block Group 4 
[401C, 403-409, 410A, 410B, 410C, 411A, 411B, 411C, 412-414, 
415A, 415B, 416, 417A, 417B, 418, 419A, 419B, 420A, 420B, 420C, 
421^123, 424A, 424B, 425-444, 445A, 445B, 446^*47, 448A, 448B, 
449, 450 A, 450B, 451-454, 455A, 455B, 456-457, 458B]); CRAVEN; 
PAMLICO. 

4th (1) CARTERET (Townships: Morehead: Tract 9709: Block Group 1 

[108-124, 125 A, 125B, 126-140], Block Group 2 [201A, 201C, 201D, 
202-212], Tracts 9710, 9711, 9711.99, 9712, White Oak: Tract 9708: 
Block Group 2 [202, 205-256], Block Groups 3, 5, 6, 7, Tract: 9709: 
Block Group 1 [101-107, 141-154], Block Group 2 [201B], Block 
Groups 3, 4, 5, 6 [601-665]); NEW HANOVER (Cape Fear 2, 3, Federal 
Point 1, 2, 3, Harnett 2, 3, 4, 5, 6, 7, Masonboro 2, 3, 4, 5, Wilmington 8, 
11, 12, 13, 14, 16, 17, 18, Wrightsville Beach); ONSLOW (Bear Creek, 
Catherine Lake, Cross Roads, Folkstone: Tract 4: Block Group 3 [301 A, 
301B, 302A, 302B, 303A, 303B, 304, 305A, 305B, 306A, 306B, 307, 
308, 309A, 309B, 310, 311A, 311B, 312-318, 320-330, 340-347, 
352-354, 362, 363], Holly Ridge: Tract 4: Block Group 4 [401 A, 401B], 
Hubert, Mortons, Sneads Ferry: Tract 4: Block Group 3 [319], 
Swansboro, Tar Landing, Verona: Tract 3: Block Group 2 [216], Block 
Group 3: [301A, 301B, 302, 303 A, 303B, 304A, 304B, 305, 306, 307A, 
307B, 308, 309 A, 309B, 310A, 310B, 313A, 313C, 314-325], Block 
Group 4 [425-431, 433^135]; Camp Lejeune Military Base 13); 
PENDER (Scott's Hill, Surf City, Lower Topsail, Upper Topsail). 



222 SENATE JOURNAL [Extraordinary Session 

5th (1) DUPLIN; JONES (Chinquapin, Cypress Creek, Tuckahoe); ONSLOW 

(Brynn Marr, Harris Creek, Haw Branch, Haws Run: Tract 4: Block Group 4 
[408], Gum Branch, Half Moon: Tract 12: Block Group 1 [101B, 102B, 
108B, 109B, 110-118, 128-132, 136, 137], Jacksonville, East North woods, 
West Northwoods, Richlands); PENDER (North Burgaw, Middle Holly: 
Tract 9802: Block Group 1 [112A, 113A, 124, 129A, 130A, 131A, 
132-138, 163, 164, 191-195], Upper Holly: TVact 9803: Block Group 1 
[101A], Long Creek, Penderlea, Rocky Point, Lower Union); SAMPSON 
(Autreyville, Clement, Central Clinton, East Clinton, Northeast Clinton, 
Southwest Clinton, West Clinton, Garland, Harrelis, Herring, Ingold, Keener, 
Mingo, Plainview, Rowan, Salemburg, Turkey). 

6th (1) EDGECOMBE (Precincts: 1-1, 1-2, 1-3, 1-4, 2-1, 3-1, 4-1, 5-1, 6-1, 

7-1, 8-1, 10-1, 11-1, 12-1, 12-2, 12-4, 12-5); MARTIN (Goose Nest, 
Hamilton, Hassell, Jamesville, Poplar Point, Robersonville 1, 2, Williams, 
Williamston 1, 2. Tract: 9704: Block Group 2 [202], Tract 9705: Block 
Group 4 [413], TVact 9706: Block Group 1 [168A]); PITT (Arthur, Belvoir, 
Bethel, Falkland, Farmville East, Farmville West, Fountain; Precincts: 
Greenville 1, 2, 2 (noncontiguous), 3, 4); WASHINGTON (Lees Mill, 
Plymouth 1, 2); WILSON (Gardners; Precincts: Wilson B, E, F, G, H, N, Q). 

7th (1) JONES (Beaver Creek, Pollocksville, Trenton, White Oak); LENOIR 

(Kinston 1, 2, 6, 7, 8, Southwest); NEW HANOVER (Cape Fear 1, 
Wilmington 1, 2, 3, 6, 7, 9, 10, 15); ONSLOW (Holly Ridge: Tract 4: 
Block Group 3 [331-339, 348-351, 355-361, 364], Block Group 4 
[402^107, 409^26, 427 A, 427B, 428-429, 430A, 430B, 431A, 431B, 
432-434, 435A, 435B, 435C, 436A, 436B, 437 A, 437B, 438-490, 
491 A, 491B, 492, 493 A, 493B, 494-497], Mills: Tract 1: Block Group 1 
[101-103, 104B, 105-112, 114, 115, 119, 120, 125B, 129B, 133, 134B, 
135B, 136, 137B], New River, Northeast, Verona: Tract 3: Block Group 
4 [432]. VTD ZZZZ: Tract 1: Block Group 1 [104A, 125A, 126-128, 
129A, 130-132, 134A, 135A, 137A, 138, 139A, 140-143, 144A, 144B, 
144C, 145-168, 169A, 170, 171A, 172-176, 177A, 177B, 178, 179, 
185, 186, 196A, 196B, 197 A, 197B], Tract 2: Block Group 6 [627 A, 
628, 629 A, 629B, 630A, 631-633, 634 A, 635 A, 648 A, 649 A], Tract 12: 
Block Group 1 [101A, 102A, 103-106, 107A, 108A, 109 A], Tract 13: 
Block Group 1 [107]; Camp Lejeune Military Bases 1, 2, 3,4, 5, 6, 7, 8, 9, 
10, 11, 12, 14); PENDER (South Burgaw, Canetuck, Caswell, Columbia, 
Grady, Upper Holly: Tract 9802: Block Group 1 [101-105, 106A, 107 A, 
114-123, 125-128, 139-162, 165-180, 181A, 182-190, 196, 197], 
Block Group 2 [201A, 201B, 220], Upper Union). 

8th (1) GREENE; LENOIR (Neuse, Pink Hill 1, 2, Trent 1, 2, Woodlington); 

WAYNE. 

9th (1) BEAUFORT (Townships: Bath, Chocowinity, Richland, Washington: 

Tract 9902: Block Group 1 [129B, 130B, 131-156, 157B, 158B, 159B, 
160B, 175B, 176B, 185B, 186B, 187B, 189-191, 197], Block Group 2, 
Tracts: 9903, 9904); LENOIR (Contennea, Falling Creek, Institute, 
Kinston 3, 4, 5, 9, Moseley Hall, Sandhill, Vance); MARTIN (Beargrass, 
Cross Roads, Griffins); PITT (Ayden East, Ayden West, Carolina, 
Chicod, Greenville 5, 6, 7, 8, 9, 10, 11, 12, 13, Grifton, Grimesland, 
Pactolus, Simpson, Swift Creek, Winterville East, Winterville West). 

10th (1) EDGECOMBE (Precincts: 9-1, 12-3, 13-1, 14-1); HALIFAX 
(Faucett, Ringwood, Roanoke Rapids 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11); 
NASH; WILSON (Black Creek, Saratoga, Stantonsburg, Toisnot, 
Wilson A, C, D, I, M). 



1994] SENATE JOURNAL 223 

11th (1) FRANKLIN; JOHNSTON (North Beulah, East Clayton, West Clayton, 

Cleveland, North O'Neals, South O'Neals, East Selma, West Selma, East 
Smithfield, North Smithfield, West Smithfield, Wilders, Wilson's Mills); 
VANCE (East Henderson, I, II, North Henderson I, H, South Henderson I, H, 
West Henderson I, HA, HB, Hilltop, Kitrrell, Sandy Creek, Watkins); 
WILSON (Cross Roads, Old Fields, Spring Hill, Taylors, Wilson J, K, L, P). 

12th (2) ALLEGHANY; ASHE; GUILFORD (North Madison, South Madison, 
Stokesdale, North Washington, South Washington); ROCKINGHAM; 
STOKES; SURRY; WATAUGA. 

13th (2) DURHAM; GRANVILLE; PERSON (Allen sville, 
Cunningham-Chub Lake, Holloway, Mt. Tirzah, Roxboro City #1, 1A, 
2, 3, 4, Woodsdale); WAKE (Buckhorn, Cedar Fork, House Creek #1, 
Leesville #1, 3, New Light #2, White Oak #2). 

14th (2) JOHNSTON (North Elevation, South Elevation, Pleasant Grove); 
WAKE (Holly Springs, Little River 1,2, Marks Creek 1, 2, Middle Creek 

1, 2, Panther Branch, Raleigh 01-01 through 01-07, 01-09 through 
01-23, 01-26, 01-27, 01-27 (part), 01-28 through 01-46, St. Mary's 1, 

2, 3, 4, 6, 7, St. Matthews 1, 2, 3, 4, Wake Forest 1, 2). 

15th (1) HARNETT; JOHNSTON (North Banner, South Banner, West Banner, 

Bentonville, South Beulah, North Boon Hill, South Boon Hill, East 
Ingrams, West Ingrams, North Meadow, South Meadow, Micro, Pine 
Level); LEE (Cape Fear, Cumnock, Deep River, Jonesboro, East 
Sanford, West Sanford 1, 2, 3); SAMPSON (Kitty Fork, Newton Grove, 
Giddensville, Westbrook). 

16th (2) CHATHAM; LEE (Greenwood, East Pocket, West Pocket); MOORE; 
ORANGE; RANDOLPH (Armory, North Asheboro, East Cedar Grove, 
West Cedar Grove, Coleridge, Deep River, Eastside, Falls, Franklinville, 
Grant, Liberty, Lindley Park, Loflin, McCrary, New Hope, Providence, 
East Ramseur, West Ramseur, East Randleman, West Randleman, 
Richland, South Pointe, Staley, Union, Westside, Worthville). 

17th (2) ANSON; HOKE (Buchan, Fort Bragg, Puppy Creek, McCain, 
Rockfish); MONTGOMERY; RICHMOND; SCOTLAND; STANLY 

(For Township: Almond — see District 22); UNION. 

18th (1) BLADEN (For Townships: Hollow, White Oak— see District 30); 
BRUNSWICK; COLUMBUS; NEW HANOVER (Wilmington 4, 5). 

19th (1) DAVIDSON (Abbotts Creek, Thomasville 8); GUILFORD (Bruce, 
Clay, North Center Grove, South Center Grove, Deep River, Fentress 1 , 2, 
Friendship-1, Greene, Jamestown-3, Oak Ridge, Greensboro 20, 27 A, 
27B, 27C, 34A, 37A, 37B, 39, 41A, High Point 8, 16, 20, 23, 24); 
RANDOLPH (East Archdale, West Archdale, Back Creek, Concord, 
Level Cross, North New Market, South New Market, Prospect, 
Tabernacle, East Trinity, West Trinity). 

20th (2) FORSYTH (For Clemmonsville 2, 3— see District 38). 

21st (1) ALAMANCE; CASWELL; PERSON (Bushy Fork, Flat River, Hurdle 

Mills, Olive Hill). 

22nd (1) CABARRUS; RO WAN (Blackwelder Park, Bostian School, Bradshaw, 
S. China Grove, Enochville, East Kannapolis, West Kannapolis, East 
Landis, West Landis, Locke, Steele); STANLY (Township: Almond). 



224 SENATE JOURNAL [Extraordinary Session 

23rd (1) DAVIDSON (Boone, Central, Cotton, Southmont, Lexington 1, 2, 4, 
Ward 1, 2, 3, 4, 5, 6, Tyro, Silver Hill); IREDELL (Barringer, Coddle 
Creek 1 , 2, 3, Cool Springs, Eagle Mills, New Hope, Olin, Statesville 3, 4, 
5, 6, Turnersburg, Union Grove); ROWAN (Cleveland, Faith 
(noncontiguous), Franklin, Hatters Shop, Milford Hills, Mt. Ulla, West 
Innes, Scotch Irish, Spencer, East Spencer, Trading Ford, Trading Ford 
(noncontiguous A), Unity, East Ward I, II, North Ward I, II, South Ward, 
West Ward I, II, IE). 

24th ( 1 ) CUMBERLAND (Alderman, Black River, Brentwood, Cedar Creek, Cross 

Creek 4, 7, 8, 9, 10, 11, 12, 14, 15, 18, 20, 21, 22, 23, Cumberland 1, 2, Hope 
Mills 1, Judson, Linden, Long Hill, Manchester, Montclair, Pearces Mill 2, 3, 
4, Seventy First 2, 3, Sherwood, Stedman, Vander, Wade). 

25th (1) CLEVELAND (Falston, Lawndale, Polkville, Shelby 4); GASTON 
(Armstrong, Ashbrook, Bessemer City 1, 2, Cherryville 1, 2, 3, Crowders 
Mtn., Dallas 1, 2, Firestone, Flint Groves, Gardner Park, Grier, Health 
Center, Highland, Landers Chapel, Memorial Hall, Lowell, McAdenville, 
Myrtle, Ranlo, Robinson, Sherwood, Tryon, Woodhill, Victory); 
LINCOLN (Crouse, Heavners, Lincolnton/North, Lincolnton/South, 
Lithia, Love Memorial, Long Shoals, North Brook I/II). 

26th (1) CATAWBA; LINCOLN (Asbury, Boger City, Buffalo Shoals, 
Daniels /Vale, Hickory Grove, North Brook HI, Pumpkin Center). 

27th (2) ALEXANDER; AVERY; BURKE (Drexel 1, 2, 3, Icard 1, 2, 3, 4, 5, 
Jonas Ridge, Linville 1, Lovelady 1, 2, 3, 4, Lower Creek, Lower Fork, 
Morganton 7, Smoky Creek, Upper Creek, Upper Fork); CALDWELL; 
MITCHELL; WILKES; YADKIN. 

28th (2) BUNCOMBE (For Broad River, Fairview, Limestone 2— see District 42); 

BURKE (Linville 2, Morganton, 1, 3, 4, 5, 6, 8, 9, 10, Quaker Meadow 1, 2, 
Silver Creek 1, 2, 3, 4); MADISON; McDOWELL; YANCEY. 

29th (1) HAYWOOD (For Townships: Cecil, Pigeon— see District 42); 

HENDERSON (Armory, Brickton, Brickton (noncontiguous), North 
Blue Ridge, Clear Creek, Hendersonville 1, 2, 3, Long John Mountain, 
Moores Grove, Northeast, Northwest (noncontiguous), North Mills 
River, South Mills River, Pisgah View); JACKSON (For Township: 
Cashiers — see District 42); MACON (Townships: Co wee, Franklin: 
Tract 9702: Block Group 1 [101B, HOC, 120-129, 130B, 131-140], 
Block Group 2 [216C], Tract 9703: Block Groups 1, 2, 3 [302A, 302B, 
304, 307, 308, 309 A, 309B, 310A, 310B, 310C, 311-314, 315A, 315B, 
316, 317A, 317B, 318-321], Block Groups 4, 5, 6 [601-605, 606A, 
607 A, 607B, 608, 609 A, 610, 611, 612A, 622, 623, 634-637], Block 
Groups 7, 8 [801B, 802, 804-828], Tract 9704: Block Group 1 [160A, 
161A, 162A, 164-166], Block Group 2 [218A, 218B, 220, 221 A, 221B], 
Tract 9706: Block Group 1 [101-125, 126A], Block Group 2 [201-210, 
211B, 211C, 212-226, 227A, 228-238, 239A, 241, 242, 243A, 244A, 
245A, 246-251, 252A, 253, 254A, 257-259], Block Group 3 [301C, 
306B, 307B, 311A, 312, 313A, 314, 315, 321B], Block Group 4 [408B, 
413], Tract 9707: Block Group 1 [111B, 112B, 113-118, 119B, 120B, 
121B, 123, 136B, 139-141], Block Group 2 [205-207, 210-222], Block 
Group 3 [301-312, 313A, 314-318, 319A, 320, 321A], Block Group 4 
[401B, 401C, 404B, 411A]); SWAIN; TRANSYLVANIA (Townships: 
Boyd, Brevard). 



1994] 
30th 


(1) 


31st 


(1) 


32nd 


(1) 


33rd 


(1) 


34th 


(1) 



SENATE JOURNAL 225 

BLADEN (Townships: Hollow, White Oak); CUMBERLAND (Beaver 
Dam, Hope Mills 2); HOKE (Allendale, Antioch, Blue Springs, Raeford 

1, 2, 3, 4, 5, Stonewall); ROBESON; SAMPSON (Roseboro, 
Lakewood). 

GUILFORD (Gibsonville, Jamestown 1, 2, North Jefferson, South 
Jefferson, North Monroe, South Monroe, North Sumner, South Sumner, 
Whitsett, (GIB-G), Greensboro 3, 4, 5, 6, 7, 8, 9, 19, 25, 29, 30, 42, 44, 
45, High Point 3, 5, 6, 7, 11, 12, 13, 18, 21, 22). 

GUILFORD (Friendship-2, Greensboro 1, 2, 10, 11, 12, 13, 14, 15, 16, 

17, 18, 21, 22, 23, 24A, 24B, 24C, 26A, 26B, 28, 31, 32, 33, 34B, 35A, 
35B, 35C, 36, 38, 40A, 40B, 41B, 43, High Point 1, 2, 4, 9, 10, 14, 15, 17, 
19). 

MECKLENBURG (Long Creek 2, Charlotte Precincts: 11, 12, 13, 14, 
16, 16 (part), 22, 25, 27, 31, 39, 41, 42, 50, 52, 54, 55, 56, 57, 58, 59, 73, 
75, 76, 77, 87, 92, 93, 97, 98). 

LINCOLN (Lowesville, Triangle); MECKLENBURG (Berryhill, 
Cornelius, Crab Orchard 2, Davidson, Huntersville, Lemly, Long Creek 
1-North, Long Creek 1-South, Mallard Creek 1, 1 (part), 2, XMallard 
Creek-2 (noncontiguous), Oakdell, Paw Creek 1, 2, Steel Creek 1, 2, 
Charlotte Precincts: 4, 23, 24, 26, 40, 53, 60, 78, 79, 80, 81, 82, 89, 105). 

35th (1) MECKLENBURG (Clear Creek, Matthews 1, 2, 3, 4, Mint Hill 1, 2, 3, 
Pineville, Providence 1, 2, 3, Charlotte Precincts: 8, 19, 32, 36, 47, 48, 65, 
66, 67, 68, 69, 70, 71, 72, 74, 83, 85, 86, 88, 90, 91, 93 (part), 94, 96, 100, 
102). 

36th (1) WAKE (Bartons Creek 1, 2, Cary 1, 2, 3, 4, 5, 6, 7, 8. 9, 10, House Creek 
2, 3, 4, 5, 6, Leesville 2, Meredith, Neuse 1, 2, New Light 1, St. Marys 5, 
Swift Creek 1, 2, 3, 4, White Oak 1). 

37th (1) CLEVELAND (Bethware, Boiling Springs, Casar, Grover, Holly 

Springs, East Kings Mountain, West Kings Mountain, Lattimore, 
Mooresboro-Youngs, Mulls, Pearl, Shanghai, Shelby 1, 2, 3, 5, 6, 7, 
Waco); RUTHERFORD. 

38th (1) DAVIDSON (Alleghany, Arcadia, Denton, Emmons, Hampton, Healing 

Springs, Holly Grove, Jackson Hill, Lexington 3, Liberty, Midway, 
Reeds, Reedy Creek, Silver Valley, Thomasville 1, 2, 3, 4, 5, 7, 9, 10, 
Welcome, Yadkin College); DAVIE; FORSYTH (Clemmonsville 2, 3); 
ROWAN (Barnhardt Mill, Bostian Crossroads, N. China Grove, Faith, 
Gold Knob, Granite Quarry, Morgan I, II, Rockwell, Sumner). 

39th (1) GASTON (Alexis, Belmont 1, 2, 3, Catawba Heights, Cramerton, High 
Shoals, Forest Heights, Gaston Day, South Gastonia, Lucia, Mt. Holly 1, 

2, New Hope, Southpoint, Stanley 1, 2, Union); IREDELL (Bethany, 
Chambersburg, Coddle Creek 4, Concord, Davidson, Fallstown, 
Sharpesburg, Shiloh, Statesville 1, 2); LINCOLN (Denver, Iron Station, 
Salem, Westport). 

40th (1) MECKLENBURG (Crab Orchard 1, Charlotte Precincts: 1,2,3,5,6,7, 

9, 10, 15, 17, 18, 20, 21, 28, 29, 30, 33, 34, 35, 37, 38, 43, 44, 45, 46, 49, 
51,61,62,63,64,84,95, 104.) 

41st (1) CUMBERLAND (Beaver Lake, Cottonade, Cross Creek 1, 2, 3, 5, 6, 13, 

16, 17, 19, 24, Eastover, Morganton Road 1, 2, Spring Lake, Seventy 
First 1, Westarea). 



226 SENATE JOURNAL [Extraordinary Session 

42nd (1) BUNCOMBE (Broad River, Fairview, Limestone 2); CHEROKEE; 
CLAY; GRAHAM; HAYWOOD (Townships: Cecil, Pigeon); 
HENDERSON (Bat Cave, South Blue Ridge, Bowmans Bluff, Crab 
Creek, Edneyville, Etowah, Flat Rock, Fletcher, Green River, 
Grimesdale, Hoopers Creek, Horse Shoe, Laurel Park, Northwest, Park 
Ridge, Raven Rock, Rugby, Southeast, Southwest, Valley Hill); 
JACKSON (Township: Cashiers); MACON (Townships: Burningtown, 
Cartoogechaye, Ellijay: Tract 9706: Block Group 2 [211 A], Flats, 
Franklin: Tract 9703: Block Group 6 [606B, 607C, 609B, 612B, 612C, 
612D, 613-618, 619A, 619B, 620, 621, 624-631, 632A, 632B, 633A, 
633B], Block Group 8 [829-831, 832B], Tract 9707: Block Group 1 
[101-109, HOB], Block Group 2 [201A, 201B, 201C, 202A, 202B, 
202C, 202D, 203, 204, 208, 209], Highlands, Millshoal, Nantahala, 
Smiths Bridge, Sugar Fork: Tract 9706: Block Group 3 [30 IE, 304B, 
337B, 339B, 340B, 343-369]); POLK; TRANSYLVANIA 
(Townships: Catheys Creek, Dunns Rock, Eastatoe, Gloucester, 
Hogback, Little River). 



1994] SENATE JOURNAL 227 

SENATE RESOLUTIONS 

EXTRAORDINARY SESSION 1994 

Offered February 10. 1994 (See pages 27, 49, 64) 

S.R. 61, A SENATE SIMPLE RESOLUTION REQUESTING MEMBERS OF 
CONGRESS REPRESENTING NORTH CAROLINA TO CONSIDER, 
SPONSOR, AND PUSH FOR ENACTMENT OF CONSTITUTIONAL 
LEGISLATION LIMITING VIOLENCE ON TELEVISION. 

Be it resolved by the Senate: 

Section 1 . The Senate of North Carolina finds that depiction of unlawful acts of violence 
on television is at a grossly excessive level. Such depictions, especially when viewed by chil- 
dren, foster the attitude that criminal acts of violence are normal and should be a way to resolve 
personal problems and disputes. 

Sec. 2. The Senate of the State of North Carolina requests the members of the Congress 
of the United States representing North Carolina to consider, sponsor, and push for enactment 
of legislation which will effectively while still constitutionally reduce the depiction on televi- 
sion of unlawful acts of violence. 

Sec. 3. The Senate of the State of North Carolina requests each member of Congress 
representing North Carolina to respond in writing what that member can do and is doing to 
carry out the request of the Senate. Such response shall be directed to the President Pro Tem- 
pore of the Senate. 

Sec. 4. The Principal Clerk of the Senate shall transmit a copy of this resolution to each 
member of Congress representing North Carolina. 

Sec. 5. This resolution is effective upon adoption. 

Adopted February 10. 1994 (See page 29) 

S.R. 74, A SENATE SIMPLE RESOLUTION TO PERMANENTLY AMEND THE 

RULES FOR THE 1994 EXTRA SESSION TO EXTEND THE PERIOD FOR 

FILING FOR INTRODUCTION OF BILLS. 



228 SENATE JOURNAL [Extraordinary Session 

EXECUTIVE ORDERS 

of the 

GOVERNOR OF THE STATE 

OF NORTH CAROLINA 

JAMES B.HUNT, JR. 



In compliance with G.S. 150A (Art. 5) and Chapter 479 (S.B. 1 [Sec. 152]) of the 
1985 Session Laws, the Office of the Governor of the State of North Carolina has filed 
with the Senate Principal Clerk a copy of all Executive Orders issued following ad- 
journment of the First Regular Session of the 1993 General Assembly through adjourn- 
ment sine die of the Extraordinary Session of 1994, as summarized below. 

The full text of Executive Orders 21 through 40 issued by Governor James B. Hunt, Jr. 
can be found in the Session Laws of the 1993 General Assembly, Second Session 1994. 

Executive Date of 

Order Title Issuance 

21 Local Government Partnership Council August 12, 1993 
Establishes: Council. Membership: 18 members; appointed by: Governor — 10; President 
Pro Tempore — 2; Speaker of the House of Representatives — 2; Secretaries (designee) 
Departments of Environment, Health, and Natural Resources; Transportation; and Human 
Resources. Chairman: Lieutenant Governor. Vice-Chairman: municipal/county official 
appointed by Governor. Ex-Officio: Executive Directors of North Carolina Association of 
County Commissioners; North Carolina League of Municipalities; Governor's Director of 
Intergovernmental Relations. Terms: 2-years; limit 2 consecutive terms. Meets: 3 times 
annually and at call of Governor. Purpose: advise Governor/cabinet on local government 
issues. Duties: identify/review proposals; recommend/assist Intergovernmental Relations 
Office; advise Advisory Budget Commission on needs. Staff: Intergovernmental Relations 
Office. Effective: immediately. 

22 Equal Employment Opportunity August 13, 1993 
Rescinds Martin Administration Executive Orders 18, 76 

Sec. 1, 2: outlines compliance/implementation of policies/programs. Sec. 3: outlines State 
Personnel Director's duties. Sec. 4: quarterly report to Governor requirements. Sec. 5: 
citizen input encouraged. Sec. 6: veteran's preference protected. Effective: immediately. 

23 Public School Administrator Task Force August 26, 1993 
Rescinds: Executive Order No. 12, Public School Administrator Task Force. 
Re-establishes: Task Force. Membership: Governor appoints: 12 from business/industry; 
9 from public school system; as follows (or designee): Director — State Personnel, State 
Auditor, Superintendent — Public Instruction, and State Budget Officer. Chairman: 
appointed by Governor. Duties: analyze administrator- teacher- student ratios to determine 
quality education; develop school administrator guidelines. Report: May 1, 1994 — Joint 
Legislative Education Oversight Committee and State Board of Education. Expenses: 
travel/expenses as allowed by law. Support: Office of Governor/State agencies. Effective: 
immediately. Terminates: upon report. 

24 Emergency Relief for Damage Caused by September 7, 1993 
Hurricane Emily 

Sec. 1, 2: waives with conditions gross weight restriction on vehicles transporting food, 
supplies, and equipment to Hurricane Emily victims; Sec. 3: verification of supplies 
required; waiver of $50.00 fee (G.S. 105-449.49), insurance registration and quarterly 
fuel tax; Exemption: G.S. 136-72 posted bridges. Effective: immediately. 
Terminates: 30 days. 



1994] SENATE JOURNAL 229 

25 Martin Luther King, Jr. Holiday Commission September 7, 1993 
Governor's Task Force on Rail Passenger Service 

Rescinds Martin Administration Executive Orders 55, 71, 94, 101, 161, 125 

King Commission statutory by 1993 S.L. Ch. 502 (H 1260); Rail Council statutory by 
1993 S.L. Ch. 483 (S 64). Sec. 1,2: rescinds above-referenced Orders. Effective: 
immediately. 

26 North Carolina Public Employee Deferred September 7, 1993 
Compensation Plan 

Rescinds Martin Administration Executive Order 39, 185 
Establishes: Board of Trustees to assume responsibilities established by Martin 
Administration Executive Order 39. Membership/Terms: set by G.S. 143B-426.24. 
Support: Secretary of Administration; funding in accordance with G.S. 143 B-426. 24(1) 
and (m). Effective: immediately. 

27 Governor's Commission for Recognition of September 7, 1993 
State Employees 

Rescinds: Previous Conflicting Executive Orders. 
Establishes: Commission. Membership: 5 members — 2 active or retired State 
employees; 2 private enterprise employees appointed by Governor; and 1 appointed by 
State Personnel Commission. Chair: Commission appointee. Staggered Four- Year 
Terms: two initial two-year terms. Duties: annual recommendation of "North Carolina 
State Employees Appreciation Week"; and annual selection of State, employee recipient 
for "Governor's Award for Excellence." Award Standard: Commission establishes 
number/standards/selection process. Support: Department of Administration. 
Effective: immediately. 

28 Agriculture, Forestry, and Seafood Industry September 28, 1993 
Advisory Committee 

Establishes: volunteer Committee. Membership: 15 members appointed by Governor. 
Chair/Vice Chair: designated by Governor. Staggered Two- Year Terms: initially one 
half serves one-year term. Meets: quarterly upon call of Governor or Chair. Duties: 
advise/inform Governor regarding field, forest, and water policies; afford citizens 
opportunity to voice opinion on these matters; and as directed by Governor. Support: 
Governor's Office. Compensation: None. Effective: immediately. 

29 Teacher Advisory Committee September 28, 1993 
Establishes: Committee. Membership: 15 members appointed by Governor. Chair: 
designated by Governor. Terms: 2 years. Meets: quarterly and upon call of Governor. 
Quorum: simple majority. Expenses: in accordance with law, and substitute teacher pay 
with conditions. Support: Office of the Governor. Duties: advise Governor re improving 
teaching conditions; recommendations as to ending intellectual isolation among teachers; 
promote teaching careers; recognize entrepreneurial schools; promote certification by 
National Board for Professional Teaching Standards; and advisory committee to North 
Carolina Standards and Accountability Commission. Effective: immediately. 

30 Highway Beautification Council September 28, 1993 
Rescinds: Martin Administration Executive Order 126 and 133 

Establishes: Council. Membership: 20 members appointed by Governor; each 
transportation division represented by 1 member; 6 at-large. Terms: 4-year staggered 
terms; initial terms — 10 two years and 10 four years. Chair: designated by/serves at 
pleasure of Governor; coordinates Council activity. Purpose: forum for citizens' 
input/participation in highway beautification programs; recommendations as to 
expenditures for plantings; provide information to citizenry regarding beautification 
programs; promote anti-litter campaigns; and recommend measures to reduce solid 
waste by 25% in 1993 and by 40% by 2001. Support: Department of Transportation. 
Compensation: travel/subsistence. Effective: immediately. 

31 State Commission on National and Community Service October 1, 1993 
Rescinds: Martin Administration Executive Orders 139, 185 

Establishes: Commission. Membership: 25 (no less than 15) bipartisan members 
appointed by Governor; 50% plus one from same party. Terms: 3-year staggered; 
restricted two consecutive terms; 25% State employees; other membership 
requirements specified; Vacancies filled by Governor. Officers: Chair, Vice Chair, 



230 SENATE JOURNAL [Extraordinary Session 

Secretary, and Treasurer elected by Commission. Officer Duties: outlined in Section 3. 
Standing Committees: Chair appoints: Youth Voice, Volunteer Recognition, 
Evaluation, Community Collaboration, Resource Development. Committee Duties: 
Section 5. Meets: quarterly; Quorum: simple majority voting members. Attendance 
Requirement: 25% of meetings or forfeit membership. Commission Duties: 
Section 7. Support: Governor's Office of Citizen Affairs; necessary travel/subsistence 
expenses. Effective: immediately. 

32 Governor's Advisory Commission on Military Affairs October 21, 1993 
Rescinds: Martin Administration Executive Orders 151, 163, 170, 185 

Re-establishes: Commission. Membership: 15 members appointed by Governor. 
Terms: 3-years. Chair: Governor designates. Ex-Officio/Non- Voting: 12 members 
(designee) of following: Secretaries of — Administration; Transportation; Environment, 
Health, and Natural Resources; Crime Control and Public Safety; Commerce; Base 
Commanders of — Fort Bragg, Camp LeJeune, Cherry Point, and Elizabeth City Coast 
Guard Air Station; Wing Commander of 4th and 23rd Wing; and Adjutant General of 
the North Carolina National Guard. Meets: regularly at call of chair/Governor. 
Duties: provide discussion forum for military issues; promote defense installations 
within State. Support: Department of Crime Control and Public Safety. Expenses: 
reimbursement for travel/subsistence. Effective: immediately. 

33 Persian Gulf War Memorial Commission November 10, 1993 
Rescinds: Martin Administration Executive Orders 152, 160, 167 

Establishes: Commission. Membership: 2 members Persian Gulf War casualty family; 
1 member North Carolina Veteran's Affairs Commission; 1 at-large member; 
Secretaries (designee) of: Cultural Resources, Administration, Crime Control and Public 
Safety. Chair: Governor appoints. Meets: call of Governor. Purpose: study 
feasibility of Persian Gulf War Memorial including design, site selection, and funding. 
Support: Department of Administration. Expenses: travel/subsistence allowance. 
Effective: immediately. 

34 Highway Safety Commission November 23, 1993 
Rescinds: Martin Administration Executive Orders 12, 161, 185 

Establishes: Commission. Membership: 15 members appointed by Governor. Terms: 
4-year staggered terms. Chair: Governor appoints. Meets: regularly — call of Chair; 
special at call of Chair, Governor, or Secretary of Transportation. Support: Governor's 
Highway Safety Program. Expenses: necessary travel/subsistence. Duties: establish 
state-wide highway safety goals/objectives; review proposed highway safety legislation; 
monitor operations of State's Highway Safety Management System; collect, analyze, 
distribute highway safety information; survey public opinion/attitudes/ideas on highway 
safety; establish innovative highway safety programs/activities; and advise Governor as 
to highway safety promotion. Effective: immediately. 

35 Governor's State Employee Action Commission November 29, 1993 
Rescinds: Martin Administration Executive Order 89 

Establishes: Commission. Members: Governor's Ombudsman (Chair); Person 
(designee) as follows: Secretaries of — Administration, Commerce, Correction, Crime 
Control and Public Safety, Cultural Resources, Environment, Health and Natural 
Resources, Human Resources, Revenue, Transportation; Commissioners 
of — Agriculture, Insurance, Labor; Attorney General; State Auditor; President, 
Community Colleges; State Comptroller; Superintendent of Public Instruction; State 
Treasurer; Director, Office of State Personnel; State Budget Officer; Directors — Office 
of Administrative Hearings; Executive Director and Director of Government Relations 
of State Employees Association of NC, Inc.; General Administration of University 
System representative. Subcommittees: Chair may appoint. Duties: collective 
concerns/policy issues of state employees; recommendations/annual report to Governor. 
Meets: annually at call of Chair; subcommittees at discretion of Chair. Support: 
Office of Governor administrative only. Effective: immediately. 

36 Smoking Policy Coordinating Committee January 7, 1994 
Establishes: smoking policy compliance plan. Secretary of Administration: 

establish/appoint Smoking Policy Coordinating Committee; coordinate department 
compliance; inform/advise State departments as to obligations; and facilitate 
adoption/publication of formal/informal dispute resolution policy. Effective: immediately. 



1994] SENATE JOURNAL 23 1 

37 Citizen Access to Public Records Maintained by January 28, 1994 
State Government 

Rescinds: Conflicting Executive Orders 
Purpose: information in any medium available to public at cost of reproduction. 
Applicable: Departments of Administration and Transportation; Order may be extended 
to all agencies after 9-months and cost evaluation; agencies shall keep records of 
requests and costs. Responsibilities: develop register of information detailing requests, 
names, fees in language comprehensible to general public; Information Resource 
Management Commission shall determine form of list maintained prior to register. 
Confidentiality: computer hardware/software purchased after effective date of this 
Order should be capable of separating confidential information maintained on data 
base. No request for information shall be denied on grounds of confidentiality. 
Access/Fees: person requesting elects medium of reproduction/certified copies; fees 
detailed in Section 4(b); public may petition Information Resource Management 
Commission as to unfair fees. Effective: immediately. 

38 Council on Health Policy Information February 4, 1994 
Rescinds: Martin Administration Executive Orders 162, 174 

Establishes: Council. Members: as follows (designee): State Health Director, DEHNR 
(Chair); Chief Policy Advisor to Governor; Director, Division of Medical Assistance, 
DHR; Director, Office of State Planning; Commissioner of Insurance; State Budget 
Officer; Director, Office of Rural Health and Resources Development, DHR; Director, 
Division of Aging, DHR; Director, Division of Facility Services, DHR; Director, 
Division of Mental Health, Developmental Disabilities, and Substance Abuse, DHR; 
Chair, State Health Coordinating Council, DHR; Chair, Commission for Health 
Services; representative, Division of Maternal and Child Health, DEHNR; Executive 
Director, North Carolina Health Planning Commission; Chair, Minority Health Council, 
DHR; Appointed by the Governor: 1 Representative; 1 Senator; 2 representatives of 
private insurance companies. Ex-Officio Members: as follows (designee): Director, 
State Center for Health and Environmental Statistics, DEHNR; Executive Director, 
Medical Database Commission, Department of Insurance; Director, Health Policy Unit 
of the Cecil G. Sheps Center for Health Services Research, University of North 
Carolina School of Public Health. Requested to Serve: as follows (designee): 
President, North Carolina Health Care Facilities Association; President, Association of 
Local Health Directors; President, North Carolina Hospital Association; Executive 
Director, North Carolina Association for Long-Term Care Facilities; President, North 
Carolina Medical Society; Director, Duke University Institute for Health Policy; 
President, North Carolina Minority Health Center; President Citizens for Business and 
Industry; North Carolina Child Advocacy Institute representative; Executive Director, 
Partnership for Children. Meets: monthly/or at call of Chair. Duties: submit to 
Governor a State Health Data Plan outlining data-based health policy-making; and a 
process for collaborative health policy formulation. Authorizes: Council to collect 
data, hold public hearings, and set up ad hoc committees. Support: grant from Robert 
Wood Johnson Foundation administered by DEHNR pursuant to Executive Budget Act. 
Expenses: Travel/subsistence reimbursement. Effective: immediately. 

39 Public School Administrator Task Force February 4, 1994 
Amending Executive Order Number 23 

Duties: Section 4 expands duties to report findings and recommendations to the Joint 
Legislative Education Oversight Committee and to the State Board of Education by 
February 1, 1995. Effective: immediately. 

40 Commission for a Competitive North Carolina March 21, 1994 
Amending Executive Order Number 9 

Members: Section 2 amends membership to 45 members appointed by the Governor. 
Membership may include representatives of the private sector, the nonprofit sector, 
local government, and the North Carolina General Assembly. Effective: immediately. 



232 SENATE JOURNAL [Extraordinary Session 

February 8. 1994 (See page 8) 

Senator Lucas offers the following remarks: 

Thank you, Mr. President. Mr. President, Members of the Senate, ladies and gentlemen. 
I want to first express my appreciation to my escorts. Bill Martin is the senior member 
African- American male, right? And Wib Gulley is from my district, and Frank is the Chair 
of the Caucus. So I want to thank them for escorting me. You may remain here, for I 
will be very brief. 

"I want to express my appreciation to the Senatorial Committee that recommended my 
appointment, and also to Senator Ralph Hunt, who encouraged me to this position. It's 
historic that this is Black History Month and that I'm being appointed or seated at this 
time. I want to say to you that I look forward to working with the Senators, and also 
meeting the challenges that are facing us. It's a historic moment that the first 
African- American female has this opportunity to bring the persuasion of so many females 
to what's occurring in our communities. We look forward to addressing the issues that 
are holding our communities hostage. We also know that our strengths, our energies, our 
wisdom will allow us to be very responsive elected officials. So I look forward to that. 

"I'm honored and privileged and proud of this moment — having been chosen. North 
Carolina is a great State. When I was in the first grade, I sang a song that said, "Hurrah, 
hurrah, the Old North State forever. Hurrah, hurrah, the good Old North State. Thank 
you." 



February 8. 1994 (See page 14) 

SPECIAL SESSION ON CRIME 

Governor James B. Hunt, Jr. 

This is a unique session of the General Assembly. In a real sense, it was called by the 
people of North Carolina. 

It was called because of what is happening in the communities where you and I live. 

In the last three months, three police officers in the Charlotte area have been shot down 
in cold blood. Three weeks ago, a Winston-Salem policeman was killed by a parolee who 
had served only ten months on a 10-year sentence. In the last ten days of January, eight 
people were murdered in the City of Raleigh — some only blocks from where you sit today. 

Our people are afraid. And they have told us that very clearly. One legislator told me 
that he had heard more from constituents about crime than any issue in his long legislative 
career. 

In three months of hearings and meetings, Speaker Blue, Senator Basnight and I listened 
to crime victims, police officers and sheriffs, district attorneys and child advocates. I have 
walked with cops on the beat, heard the gunfire in dangerous communities, and heard little 
girls cry as they told me about being violently attacked. 

If you have not talked to people in your community who have felt the pain and agony 
of crime, you should do so before you vote in this session. 

You should talk to someone like Tyrone. Tyrone is the eleven-year-old boy I talked 
about in my television address last month. Tyrone lives with his mother in a public housing 
community in Durham, and sees violence all around him. He saw his own father shot 
and killed. He told me that he is often afraid. 



1994] SENATE JOURNAL 233 

Let me tell you about one of the 8,000 calls and letters I've received in the last few 
months about crime. 

Tyler Coleman is a ten-year-old girl who lives in Garner, in a safe neighborhood with 
a family dog and an alarm system at her house. Her father is in law enforcement. Yet 
she is also afraid. 

Her mother wrote me that Tyler is afraid to go to sleep at night. She's afraid someone 
will come into her house and hurt her. She's afraid to go to the shopping mall. She's 
even afraid to ride her bike down the street. 

Tyler and Tyrone are not alone. People fear what is happening in their communities 
and our State. They fear for their safety and their families' safety. They are looking to 
us for action. 

You and I have heard their voices. It is now time to heed their call. 

You know what my plan of action is. The thirty-six recommendations that I have made 
will be introduced as legislation today. 

The cynics doubt our ability to take effective action. 

They don't think we can do it. But I believe we can, and you in this Legislature have 
shown that we can. 

You showed it last year. You began Smart Start. You began an ambitious effort to raise 
standards and put more accountability in our schools. You began a new economic 
development strategy built on high skills and high-wage jobs. 

You took important steps to make our State safer. You authorized 5,000 new prison 
spaces. You passed a structured sentencing law that will give us truth in sentencing. You 
passed tough laws to keep guns and violence out of schools. 

But the people do not believe we have done enough. And they are right. They know 
that government is failing to meet its most basic responsibility: to keep them safe. 

They know that we have not done enough to make sure dangerous criminals do their 
time — even with the new prisons. 

They know that we have not done enough to make the criminal justice system more 
efficient and effective — even with structured sentencing. 

They know that we have not done enough for children and families in our State — even 
with Smart Start and higher standards and higher skills. We have not done enough to give 
our kids a chance for more than drugs and guns and crime and prison. 

As elected representatives of the people, you and I have a responsibility to do everything 
we can to keep our people safe. We owe it to them to make their safety our top priority, 
[applause] We owe it to Tyrone and Tyler. 

I believe we must set three goals for this session: 

Our first goal: keep violent criminals behind bars longer and show them that crime does 
not pay. Nothing else will work unless we have real punishment. 

This means no parole for first-degree murderers, [applause] They should get the death 
penalty or they should get life without parole — period. They should never get out. 
[applause] 

It means three strikes and you're out for violent felons. 



234 SENATE JOURNAL [Extraordinary Session 

It means five more years in prison if you use a gun when committing a felony. 

It means trying 14- and 15-year-olds who commit the most violent crimes as adults, 
and no longer keeping their criminal records secret, [applause] 

And it means raising the prison cap so that more than 3,000 criminals — many of them 
violent — do not walk out of prison and return to your neighborhoods and mine in the next 
month. 

Our second goal: change the criminal justice system so prosecutors have the tools they 
need and victims are put first. 

This means trying drug dealers quickly and making drug users get treatment. 

Our third goal: reach out in North Carolina and help youngsters who can be saved from 
a life of crime. 

This means starting the SOS program to give middle-school kids something positive 
and constructive to do in the afternoons. A safe place to be. With adults who can teach 
them values and discipline. 

It means Family Resource Centers in elementary schools. 

It means getting thousands of North Carolinians involved in these and other programs 
to help save our students. 

It means putting inmates to work and learning skills, [applause] so they'll have an 
opportunity to earn an honest living when they get out. No excuses for returning to crime. 

I believe the plan I've put before you will meet these three goals. 

I believe we can afford to fund this plan. We can't afford not to. [applause] 

I believe we can pay for it without raising taxes. And we can do it without hurting 
Smart Start, education standards, job training and economic development. 

This plan carries a price tag of $27 million in one-time capital costs next year and $91 
million in recurring expenditures. This will take some new money. But I am committed 
to fiscal responsibility. That's why I will recommend during the short session at least $45 
million in specific, permanent cuts to finance the operating costs of this plan. 

Let me talk to you now as leaders of North Carolina about our duty in this special session. 

We start with a sense of urgency. The people feel it, and I feel it. I know that you 
feel it. I urge you to act with that sense of urgency. 

Never before has our Legislature had an opportunity to focus on a single issue of such 
importance to so many people. Never before have the people of North Carolina been 
watching so closely. 

I told you about the letter I got from Tyler Coleman's mother. It is an eloquent and 
moving letter. I want you to hear part of it. 

She wrote: 

No child in our State should be afraid to go to sleep in their own bed, 
or ride their bike in their own neighborhood. Please urge our legisla- 
ture to pass this crime package — for our children. I do not want my 
daughter growing up in fear of her safety. Give us back that sense of 
safety. 



1994] SENATE JOURNAL 235 

We live in the greatest nation on earth, blessed with the greatest re- 
sources,... [She wrote,] We must put some of those resources into this 
anti-crime package in order to secure our future. I love our State and 
I pray that our leaders will realize how serious crime is affecting its 
citizens. 

We owe it to Alice Coleman and her daughter to take strong, tough and effective action. 

And make no mistake about it. The people of this State will tolerate nothing less. They 
will not tolerate excuses. They will not tolerate wasting time and money. They will not 
tolerate distraction by other issues. They will not tolerate inaction. 

They know that we cannot solve the problem from Raleigh. But they also know that 
the battle begins here — today. 

Today we have a responsibility, a responsibility to answer the call of the people, a 
responsibility to Tyrone and Tyler. 

Today we have an opportunity, an opportunity to work together — bringing together both 
parties, both houses of this Legislature and all branches of government. 

Today we face a challenge. A challenge to get tougher with dangerous criminals, but 
also a challenge to save a generation of young people from a life of crime. 

We must meet our responsibility. We must seize this opportunity. And we must rise 
to the challenge. 

I am ready to work with you. I am as serious about this — and as determined — as I have 
ever been. 

So are the people of North Carolina. They are waiting, and they are watching. 

It is time for action. 



February 8. 1994 (See page 14) 



A Verbatim Transcript 
of the 

SENATE 

NORTH CAROLINA GENERAL ASSEMBLY 

sitting as a 

COMMITTEE OF THE WHOLE 

Senator Marc Basnight 
President Pro Tempore, Presiding 

PUBLIC HEARINGS ON CRIME 
GENERAL AGENDA 

February 8-9, 1994 

Senate Chamber 

Legislative Building 

Raleigh, North Carolina 



236 SENATE JOURNAL [Extraordinary Session 

TUESDAY. FEBRUARY 8. 1994 

William E. Milliken, National 
President Cities in Schools, Inc. 
Local Elected Officials 
Judges and District Attorneys 

WEDNESDAY FEBRUARY 9. 1994 

Educators 

Juvenile Intervention/Justice 

Victim's Issues 

Senate Business 

Community Intervention Programs 

Rehabilitation and Treatment 

Break 

Sheriffs and Chiefs of Police 



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TUESDAY, FEBRUARY 8, 1994 

2:00 P.M. 

REMARKS BY SENATOR MARC BASNIGHT 
President Pro Tempore of the Senate 

Starting the public hearing today, I believe that we all realize that it's incumbent upon 
us as members to make very tough decisions, and some decisions that will find us in conflict 
with our individual thoughts at times, but that's a process which we are a part of. Reasoned 
discussion is important for all of us and we shall have that. But today as we listened to 
other people from across this State, we will hear from their thoughts and their concerns 
about what's happening to our great State, and what changes they recommend. The format 
that we will use will be one in which will allow, for example, the mayors of North Carolina, 
who will be before us in a few minutes, an opportunity to speak for three to five minutes; 
and after that time, if you control yourselves, if we do, we will question the speaker when 
he finishes. Now if we start consuming all our time with just one speaker, realizing that 
we do have time frames that we have to work within, we'll move along rather quickly, 
and I'll do that to see that everyone gets his fair time to tell us about his city, his region, 
or his problem, or hers. 

The first speaker that we'll have today is special in that he has a history of concern, 
Bill Milliken, the founder and National President of Cities, Communities, and Schools. 
He was born in Pittsburgh. Bill moved to Harlem where for twenty years he was working 
with kids on the streets of Harlem. Bill has spent thirty-five years working with at-risk 
youths to keep the kids in school. He founded Cities in Schools in Atlanta in 1974, one 
program. Since then, CIS has expanded to one hundred forty (140) communities across 
this country and is now established in the United Kingdom and South Africa. Over a 
hundred thousand students (100,000) are currently enrolled in the CIS program. And 
countless more have been helped over the years. Over six hundred (600) schools have 
a CIS program, and North Carolina is a key CIS site. 

Because of his work with at-risk youths, Bill has served as an adviser to President Carter, 
President Bush, and now President Clinton. He was an adviser for the Governor's 
Conference on Education, where he advised on school dropouts, drugs, and violence. He 
represented the United States at the United Nations Conference on Children just recently. 
He is author of the book, Tough Love. We are pleased, very much so, Bill, to have you 



1994] SENATE JOURNAL 237 

with us today and for us to have the opportunity to share his thoughts on how to reach 
our troubled youths before they end up in prison or on the street. Bill, thank you very, 
very much, and you now have the pleasure to address the North Carolina Senate." 

REMARKS BY WILLIAM E. MILLIKEN 
National President Cities in School, Inc. 

Thank you, Mr. Chairman, ladies and gentlemen of the Senate. I love coming here, 
so it's not hard for me to come to North Carolina. I live up in Virginia, and I'm thankful 
for the opportunity to be here today. In my few minutes here, I want to cover some things 
fairly quick. What I want to give you a little background on, where I come from, because 
it's easier to understand why I've come to some of the conclusions I've come to if you 
know a little bit about why I think the way I think; and then what I've learned from some 
of the experiences that I've had; and then how practically we've tried to implement them 
around the country. 

I'm here today for one reason. Somebody cared about me. I came across a quote not 
long ago that said that every child needs an adult who is irrationally committed to he or 
she making it. That every child needs someone who is irrationally committed to his or 
her making it. I'm here today because somebody had an irrational commitment to believe 
that my friends and I could make it. I'm not here as an educator or as a social worker 
or as a minister, any of these things. I actually am here because I was removed from school. 
My mother was brought into school; it was a very painful day when they asked to remove 
me from school because they said the reason he's in so much trouble is he can't handle 
the work. And so I thought I was dumb and I ended up getting in a lot more trouble 
because they kicked me out. And if it wasn't for a volunteer for a group called Young 
Life, a football player who came over and hung out in a little pool hall that became my 
headquarters, I wouldn't be standing here today. 

In fact, my friends and I get together Christmas Eve day every year — five of us who 
had our lives turned around — and celebrate life because we're the only ones that aren't 
dead or in jail from our original group of young people. So I learned very early in life 
that what turns people around is not programs, but relationships. And two of us made 
a life commitment to give the rest of our lives back to the streets. And so I come from 
you, not so much from what I've learned from books, but from breaking bread with people. 
It's what I've seen through failure, I've seen through some very trying times. I've also 
seen the victories of what happens to kids when somebody's willing to spend the time 
with them and pay the price of relationship. 

I got to move into Harlem and spend those years on the streets because my partner and 
I said, "We're going to give the rest of our lives back." Over the years we began to deal 
with bigger and bigger issues. I didn't go to the streets to create a program. I wouldn't 
have known how to do that, but to love my neighbor, as somebody loved me. We got 
into housing kids, not because I knew anything about housing, but how can you tell a 
kid you care about him and do all these nice works and let 'em live on a rooftop. So 
we got a church to give us some apartments to take kids in. And a lot of these kids were 
on drugs. I learned a lot about drugs because I saw kids die from drugs. But I also saw 
kids make it. My partner had been a heroin addict who had beat it cold turkey in prison, 
and he was a symbol of somebody who could make it. 

And we backed into education, again not because we were educated. I didn't know 
anything about education. In fact, they wouldn't let let me in the schools. And I was 
very offended. I wouldn't of let me in either because I looked a little weird for them to 
let me in, plus I didn't have the background to go into the schools. So we started our 
own schools back then in these old abandoned store fronts from kids who had already 
dropped out of school. The average age was seventeen (17). The average reading level 
was below fourth grade. And within four and a half years we had a thousand of them 



238 SENATE JOURNAL [Extraordinary Session 

with high school diplomas. And when they asked us later before hearings and before people 
asking us what was the difference, I said the difference was that we got kids turned onto 
living, and once they got turned onto living, then they got turned onto learning. And what 
we learned from that experience was that what turns kids onto living was four basic things 
that every child needs. And I don't care what kind of programs we come up with, I don't 
care what we try to do, if they don't have these ingredients, they aren't going to work. 

Number 1, as I said earlier, every kid needs an adult who is willing to walk with them 
and not just tell them what they're doing right and wrong without understanding the world 
they come from. I remember sitting in a meeting at the White House advising the President 
with some other folks on his meeting when it was President Bush who was there to meet 
with the Governors in Charlottesville, and we were forty-five minutes into the meeting 
and I interrupted and said, "Sir, I love everything they 're talking about here about technology 
and about teachers and about restructuring and everything, but I haven't heard two words 
here today. And all those things are important, but I haven't heard the word "children" 
and I think that's what this is all about, and I haven't heard the "L" word, and I don't 
mean "liberal." And that's the word, "love." Because I don't care what kind of reform 
movements you have. I don't care what kind of programs you come up with, unless some- 
body's willing to walk through the valley of the shadow of adolescence with kids, they 
aren't going to make it. And every kid that doesn't make it becomes another potential 
problem that we have to deal with when we have to warehouse kids and put them away. 
Eighty percent (80%) of the kids that I've seen over the years can be turned around, and 
that's the sad part of what I have witnessed over the past thirty-four (34) years. The vast 
majority of these situations can be turned around. One is, kids need a personal relationship 
with a caring adult. 

Number 2, they have to have a safe place. We all want a safe place. That's what I 
heard the Governor talking about up here today. And I don't mean safe just physically. 
That's very, very important. But people like me that couldn't make it in the schools, who 
didn't learn the same way everybody else learned, that didn't understand what they were 
talking about and felt dumb if we raised our hands and couldn't answer the questions. 
We need to break these schools down into smaller units and create a sense of community 
for our children. They need a safe place. 

Three. Every kid needs a chance to give back. If we get our lives by giving them 
away, why don't we give our children more and more opportunities to give their lives back 
in involvement? Any kid that's part of our movement, any kid that's part of cities or 
communities and schools, once they get in there and they begin to change, we say "You 
need to give back" whether it's getting involved in a feeding program, or tutoring younger 
brothers and sisters, or working with homes for the elderly, whatever you do, dignity comes 
not on what somebody's given them. I remember I was giving — before a hearing in Wash- 
ington and this one Senator said to me, said, "Well, what's the difference between the 
kids you've seen make it over these past twenty-some years at the time and those kids 
who didn't?" And I had three (3) minutes to answer that and if I wasted thirty (30) seconds 
because I was so angry that he hit me with such a broad question and I had a lot of pain 
because I saw a lot of kids who didn't make it. I said, "Sir, it's very simple and yet it's 
very complex. The kids I saw make it made it because we allowed them to make it. 
We learned that the greatest gift we can give a child is to let them give something to us. 
That identity comes not in what somebody's given you, but what you're able to give back. 
Then I feel that I'm part of the community." And what I said in that meeting at the White 
House that day, unless we give the children a part of the solution to this problem, we aren't 
going to solve it. We need to listen to our children, not listen to headlines in papers. 
Because underneath the anger are some very lonely kids. Those kids who were discovered 
in an apartment, nineteen (19) of them in Chicago, are kids that have been abandoned. 
When I listen to kids they're lonely, they're angry, they're frustrated. They feel nobody 
cares, "Nobody knows that I exist." 



1994] SENATE JOURNAL 239 

I just heard Mother Teresa speak at the Presidential Prayer Breakfast last week and she 
said the most painful thing that she has seen in her eighty-four (84) years is not the beggars 
dying on the streets, which is painful, but looking in the eyes of children that nobody wants. 
A kid needs to know that somebody wants him and they they'll create a safe place for 
him and that they 're wanted and that they have a gift that they can give back. That identity 
and dignity comes when I know I can participate and be part of something. 

The fourth thing is that every kid needs to know that they have a tool and that in the 
future there's hope. That I will have a job, that I can take care of my own family and 
raise it. If you want to know is what the Number 1 problem in the youth community 
of America, I say it's a lack of hope. And if you want to see drugs and alcohol abuse 
go down, if you want to see kids quit shooting each other, if you want to see kids quit 
getting pregnant and staying in school, give them hope. It's the greatest anecdote. If I 
don't believe I can make it, and I have had kid after kid, whether it's the streets of Watts 
or in a rural community say, "What's the difference? Why not get AIDS? Why not get 
shot? I'm not going to live past twenty-one (21 ), anyhow." Orthekids who were mentioned 
in Newsweek, who — the number one conversation at school in the elementary school 
is — who's going to get abducted next? Or the kids in Washington, D.C. in a junior high 
school that they were listening to them in a discussion group and they were talking about 
what they wanted at their funerals. These are kids without hope. 

So there are some basics the kids want, and the basics are the big "Bs" The little "Bs" 
are reading, writing and arithmetic, and they need those so they have the tools, but the 
real basics is they need a personal relationship and they need to feel a sense of community. 
I came off the streets with the conclusion that these problems in education and drug and 
alcohol abuse and violence were symptoms of a much deeper issue. And that issue was 
that we lost community in this country. I predicted in 1971 in a speech that by the '80s 
and '90s we were going to have such chaos because we're going to have so many kids 
drop out because we think it's an education problem. The real issue is we never caught 
up with what happened to us through the industrial revolution when we blew apart a sense 
of community in this country. And that was just one of the downsides. There were plenty 
of upsides. But we blew apart the extended family which was in relationship with the 
religious community as the mediating structure for young people. 

So I could talk to my grandfather and he would say, "If I got in trouble at school, they 
knew it before I got back home and we didn't even own a telephone." Because the 
community was looking out for him. And when I heard the African proverb that "it takes 
a village to raise achild," I said two things about it. I said, "Where's the village in America? 
Who is raising the children?" I also added to that proverb that children learn by what 
they see and experience within that village. And if in the outer village that they hang out 
in there's violence and there's decay and they go in and turn on their tube and all they 
see is violence and decay, we will produce violent children. And if we don't have an 
alternative for them, if we don't have a sense of community for them, our children will 
come out in such numbers that you can't build enough places to put them. We're only 
seeing the tip of the iceberg and we reap what we sow and now is the time to go into 
our problems. Yes, we have to deal with the violence sector, but we also have to deal 
and prevent the feeding system of the future. 

Now, there are three things that I think happens to create community. How do you put 
Humpty Dumpty back together again? I say there are three basic principles that we've 
learned and we tried to apply them. It doesn't matter whether your call it cities and schools 
or communities and schools are cows in the barn. Three things have to happen if we're 
going to stop or stem the tide. We have to not just deal with children. We have to deal 
with the institutions that these children have grown up in. They've grown up in a world 
of institutions, and we are in schools not because of education. We're in schools because 
we're lovers of children. We know that it's relationship that turned them around and we 
know that if we can turn off the valve and faucet of kids being poured out onto the streets 



240 SENATE JOURNAL [Extraordinary Session 

with no hope, then we have a better chance of the community beginning to correct itself 
because we aren't sending out people who aren't educated and don't have a chance. So 
that's why I'm talking about schools. I believe that schools fell into the vacuum that was 
created when we blew apart the extended family. 

Again, in 197 1 , 1 was saying that the schools are going to have deep troubles not because 
of education, it's because now they're being asked to replace mother, father, sister, brother, 
social worker, aunt, uncle, grandparents, social worker, etc. And I got a little vindication 
a few years ago when President Bush asked me to come over and have lunch with the 
"Teacher of the Year" because he knew I'd want to meet him because he had written his 
dissertation on the sixty-one (61) things that teachers have to do today that they didn't 
have to do before the year 1960. You can't ask them to take on all these things. So I 
said we need to do three things. 

We need to break these huge institutions down into small, caring communities. Then 
after a certain period of time, you lose the sense of community. And we need to take the 
large institutions and break them down and replicate smallness on a large scale. If 
relationships are what's key, if that's what's changed us, if that's what's important to us, 
then how do we create that for children? It is do-able. We have hundreds of cases that 
we can testify that are happening whether it's in rural America or in large cities. 

Two , no sy stem will surviv e, whether it 's a family system , the neighborhood, or the n ation, 
if along with caring you don't also build into your system accountability. I made people 
very up-tight with me in the '60s as I went in my guru jacket and long hair and all that 
stuff. I was screaming at these institutions to care about our children. And then one day 
I woke up and said, "There's something wrong here. I'm not dealing with teachers, I'm 
dealing with school systems. I'm not dealing with doctors, I'm dealing with hospitals. 
I'm dealing with social welfare systems." I said, "Institutions can't be responsible. If 
institutions are responsible, everybody 'sresponsiblebutnobody'sresponsible. Democracy 
was built on the basis that we're responsible to and for each other and that our neighbor 
is not just the person that lives next door to us. It's the entire community." So I said 
we have to break our institutions into small caring units that build in accountability where 
we're responsible to and for each other. 

Three, and it took years because of my background to have the courage to say this in 
front of a group because I said, surely they see this. I was explaining at lunch today that 
I was meeting with the head of IBM some years back and it came out, he gave me a check 
and he said, "Is there anything else I could do for you?" And I said, "Yeah, would you 
talk to the President of the United States? Would you talk to the Governors? Would you 
talk to all these different business roundtables and everybody that you meet with and tell 
them that we're spending our money in the most insane way that could ever be created?" 
I'm coming off the streets saying that it's insane. 

I've seen what kind of way that we fund things out in the community creates the kind 
of paternalism that keeps people in slavery and that paternalism is the greatest disease that 
I've ever seen, when somebody doesn't have the dignity and pride that they can make it. 
The way we deliver all these programs and all this money and we create all these things 
all over the community, it would be like IBM saying the best way to type a letter would 
be to have twenty-six (26) different typewriters, each in a different room with a different 
letter on it. Go over here to get your "As," over here to get your "Bs," over here to get 
your "Cs," it would take all day to do one letter. So we bring programs down from 
Washington through states, through foundations, corporations, and we build these little 
fiefdoms out in the community. And say you have a drug program over here, a boy's 
and girl's club program over here, an urban league program over here, an AIDS program 
over here, a JOBS program and a kid needs a Ph.D. and assistance to get help. You don't 
have an orchestra with trombones in one part of town and piccolos in another, trombones 
in the other. I was meeting with the head of the NFL the other day and I said, "How'd 
you like to have a football team where you had the quarterback on the field and you had 
the guards in another stadium and the tackles in another?" 



1994] SENATE JOURNAL 241 

Very simple idea, and I'll close on this. We say how do we create small caring, 
accountable, coordinated units? We find out that the average school in America is open 
from 8:30 to 3:00. The average agency working with children is open from 9:00 to 5:00. 
That leaves from 3:00 to 5:00 to build relationships with children that we put on buses 
and subways. So when do these kids get relationship? If they have a negative relationship 
or no support structure at home and they go on the streets and find a different kind of 
family out there and they're angry there, then they bring it in and call the teacher a name 
and that's supposed to be education and relationship. The average teacher in America has 
one minute and seven seconds per day per child of any kind of intimacy and relationship. 
So a teacher has to concentrate on a very few number of kids and they're naturally going 
to concentrate on the kids that are responding. So the same kids that aren't getting a 
relationship at home or on the streets aren't getting a relationship when they go into any 
of these institutions. They 're being bumped from institution to institution because the price 
of love is very heavy if we're going to go out there and listen to the customer and begin 
to bring change there. 

We had a simple idea, and when I say a minute and seven seconds, that is by taking 
the number of teachers, dividing the number of hours into the number of students. Why 
don't we take this army of people that we're already paying for. We have resources in 
place — they're in the wrong place. The same people are bouncing from agency to agency. 
Why don't you put your boy's and girl's club worker and your urban league worker and 
your health worker and anybody else — bring them into the school so that if we're trying 
to turn around your Pro Tern person here, and I'm a teacher and he 's a social service person, 
he's a police officer, if the three of them were all working together in the same time, space, 
and relationship, they create a sense of surrogate family around them? And he can't rip 
'em off by picking off one in the morning, one in the afternoon, and one later on, because 
there 's accountability built into th at system . And there 's a sense of people working together. 
If we adults don't work together, how in the world can we expect our children to work 
together? We have to be community if we expect them to be community. 

I'll end with this. I was at lunch in Atlanta before the Super Bowl. And I was the 
guest of one of our Board members and I sat there and this man asked me what I did and 
I told him. He says, "Well, we can't coddle these kids, you know, duh-duh-duh." And 
I said, "You're right. We're very tough on kids. Love is both compassionate and tough, 
because kids want discipline and structure." And he said, "Yeah, what do you want to 
do, change all these things?" I said, "Listen to me, I heard you talking earlier to the person 
across the table that Sam Walton was one of your heroes. And you said Sam Walton was 
so successful because he went out and listened to the customer and built his stores around 
the needs of the customer and he passed everybody else up that was out of touch with 
the people. Why can't we go and build our institutions and our schools around the need 
of these customers that are leaving, that aren't interested. We have to do things differently. 
Let's build community around them." 

We have a generation out there that we're going to lose — another generation and we're 
heaping and we ' 11 reap, maybe not in our lifetime, but our children and grandchildren don't 
have much of a future in this country if we don't provide these kids hopes and begin, instead 
of trying harder, start thinking differently. Thank you for your time, (applause) 

SENATOR BASNIGHT: I don't know, Bill, that I've ever heard the Senate this quiet. 
Thank you a great deal. This is a very powerful message and a very moving one and 
one that could not be more timely for all of us in this Body and for the people of this 
State. I just wish everyone could have heard it. We've got a rare opportunity. He will 
take some questions and respond. Those of you who would like to ask Bill anything that 
may be on your mind at this time, please do so. 



242 SENATE JOURNAL [Extraordinary Session 

SENATOR CONDER: I would like to ask you what we can do as legislators to draft 
legislation to mandate and enforce parental responsibility and accountability over these 
children between twelve (12) and eighteen (18) that are causing such a tremendous problem 
to our criminal justice system today. 

MR. MILLIKEN: Again, this is just my feeling. I don'tknow much about legislation, 
but I know you can't legislate relationships. Out of the 100,000 young people that are 
in our programs around the country, 20 percent of them don't have parents. We have a 
program in a school in Philadelphia where only two (2) kids have parents; 73 percent have 
a single parent, in mostcases having to work andcan'tbe there to supervise the child because 
they're having to stay alive and feed their children. Only 7 percent have what you would 
define as a family. 

And I remember the Attorney General a couple of Presidents ago asking me, "What are 
you doing about families?" And I said, "How do you define family?" He said, "A mother, 
father, and a couple of kids." I said, "Well, you can pass some things that are strong on 
those kinds of situations to hold them responsible for their children, but what do we do 
with the masses of kids that don't have that definition any more?" And those are the one 
that I don't have the answer to everything. You know, there's no silver bullet in this and 
all I can tell you after thirty-five (35) years is I can tell you the difference between the 
kids that make it and don't. And if they don't, what I said to the Attorney General, I said, 
"There's only two ways to solve this — in most cases it's an absent father and I said you 
could create a father factory, which I don't know how to do; or you can create extended 
surrogate families. And if it wasn't for a volunteer, I wouldn't be standing here talking 
to you today. A mentor who came in and walked through me and put up with my stuff 
and was the first adult that ever believed in me and I was seventeen (17) years old at the 
time. And every kid, if it isn't a parent, then we need to become part of that surrogate 
extended family for them. 

SENATOR ODOM: Mr. Milliken, appreciate your remarks very much. On the last 
point thatyou made, and that deals with coordinated services, I wanted you first to elaborate 
alittle more and be alittle more specific about whatyou meant with that. And then secondly, 
how can you have coordinated services provided by government that will then have to 
interface with what I heard your criticism of governmental paternalism? 

MR. MILLIKEN: Great question. It won't work unless the private sector's in 
partnership with the public sector. I've seen the public sector try to do this without the 
balance of the private sector and it doesn't work because there's no check and balances. 
What we've said is because we have categorical giving, which I think is ridiculous, that's 
just my — people are not categories. They're whole people, and all kinds of things happen 
when you make categories, and then you end up creating all these little fiefdoms out there. 
So we need to begin to put in some reward systems, and I've seen some foundations do 
this and even pieces of government do it — to have a reward system to have people working 
together rather than competing with one another, to reward community. 

Now where we use the private sector is two-fold. One is, we say you put up a little 
bit of money and we need to free somebody up within that community who is a lover 
of children, whether they come out of the religious community or out of the school. You 
have eight to ten years, maybe, of experience, bloodied their noses, they know how tough 
it is to change systems. We don't like to change. And that person is freed up to be a 
servant-needer. In privately paid for, it doesn't work the mayor or the superintendent or 
the county. The whole job is to bring resources together, to convince people to reposition 
their staff, to build a sense of community, so the private sector can provide that. Two, 
they become important to the jobs, and three, there's a whole mentoring force that can 
build the bridge between the world these kids are living in and the world that we hope 
that they'll go into. So the way it becomes nonpaternalistic, we create the system not to 
be paternalistic, but to be the support system. 



1994] SENATE JOURNAL 243 

Give you one one quick example, and they I'll quit. We're in Los Angeles, Inglewood, 
Compton, and Long Beach and when the riots hit last year, we had a lot of pain in our 
lives. We had just started an L.A. unit, not quite six (6)months before, the second person 
killed was one of our kids that just signed up for the program the day before and got shot 
on his way home. It was a business man who — I happened to be with people from 
Washington giving a little talk — and he came up and gave me his card. It happened to 
be a man that I had been trying to get to for two years to help us in that area. He said, 
"Drop by and see me sometime." I said, "I'll be here. When do you want me to come?" 
And he says, Well, next time you're in L.A." And I said, "I'm here. I'll be here 
tomorrow,and the next day." So I went in to see him and he said, "I got one half hour, 
and I want you to explain what you do. And I said, "That's fine. That's plenty of time." 

When I went in his office, it was the biggest office that I'd ever been in. And I sat 
there, we were supposed to meet at ten o'clock. At twenty-five after ten, he walked into 
the room; and people from that business, it happened to be the entertainment world, have 
the attention span of a strobe light, so I was ready to kinda whap him anyhow. But he 
said, "Tell me about what you do. Tell me all this, we only have five minutes." I said, 
"Aw, let's forget it — cities in schools, communities in schools, this is not really what's 
important. But I'd like to ask you about the painting that's on your wall." I said, "There's 
a lot of paintings, but this one looks fairly new." And it was, it was an oil painting of 
him and his wife and his two sons, 15- and 17-years-old. 

He began telling me about his family and how he grew up with nothing and made it, 
and what he's trying to provide the right values in the kid and provide the resources. I 
said, "What do you hope for them?" He said, "Well, I'm hoping to give them the tools 
so they don't need us any more and go out and help support us when we get older." And 
I said, "You've just described what we do. We're trying to do this for all the children, 
what you're doing for your children, and not everybody happened to be born and have 
that opportunity." So, thank you. 

SENATOR BASNIGHT: Thank you, Bill. Thank you very, very much, (applause) 



PANEL 

of 

LOCAL ELECTED OFFICIALS 

1. The Honorable Nancy Jenkins is the Mayor of Greenville and is President 

of the League of Municipalities. 

2. The Honorable Richard Vinroot is the Mayor of Charlotte. 

3. The Honorable Fred Niehoff is the Mayor of Hendersonville. 

4. The Honorable Zee Lamb is a Pasquotank County Commissioner. 

5. The Honorable Rebecca Smothers is the Mayor of High Point. 

6. The Honorable Floyd Brothers is the Mayor of Washington. 

7. Ms. Patrice Roesler represents the North Carolina Association of County 

Commissioners. 

8. The Honorable Mike Edney is a Henderson County Commissioner. 

9. The Honorable Tom Fetzer is the Mayor of Raleigh. 

10. The Honorable Don H. Betz is the Mayor of Wilmington. 

11. The Honorable J.L. Dawkins is the Mayor of Fayetteville. 

SENATOR BASNIGHT: When the Speaker, and myself, and the Governor had the oppor- 
tunity to listen to people from North Carolina across our State, we had this distinguished 
group. And we thank you for coming. 



244 SENATE JOURNAL [Extraordinary Session 

These are our mayors, and county commissioners. Floyd, it's certainly good to be with 
you, from our community. And they're going to share with us their thoughts about what's 
wrong in their cities and in their counties. 

And, Mayor, if we could start with you, we'll do that. Mayor Dawkins from Fayetteville 
willopen our conversationanddiscussion.Theformatisrathersimple, three to fiveminutes, 
if you gentlemen and ladies don't mind, and then we'll take questions from our members. 
This gives you an opportunity to tell government what you think is wrong. 



REMARKS BY THE HONORABLE J. L. DAWKINS 
Mayor of Fayetteville 

Thankyousomuch. I am J. L. Dawkins, fortunate enough to be the Mayor of Fayetteville, 
North Carolina. It's a privilege to be with you today. I first started coming to the Legislative 
Building which was in the Capitol when my Dad served in this fine General Assembly 
many years ago, and have been a public servant in my nineteenth year. So it's very special 
to be with fellow public servants. 

I'll be very brief, so you'll know that I'm, along with my colleagues, very involved, 
maybe more so than intended to be. On January 22, 1993, 1 was at a doctor's office in 
Fayetteville, a few blocks from where I live, a young man put a gun at my head and told 
me twice that he was going to kill me. He wanted my money. Fortunately, our 35 th wedding 
anniversary was coming up for Mary Anne and I and I had gotten some money out of 
the bank a few hours before and was able to give him the money and he be on his way. 
I came probably within one or two seconds of dying. 

Now, this wasn't in the real low, low income areas of Fayetteville. Some of you know 
that Fayetteville, this was in the Haymount area, which is a mix of folks from all 
backgrounds, and I've spent the last fifty-two years of my life there. I want to say to 
each and every one of you ladies and gentlemen that I think there's a lot of challenges 
that face the State of North Carolina, the City of Fayetteville, and certainly the communities 
represented by my colleagues. I, personally, do not think there's any issue more important, 
and I say that for a number of reasons, but I'll just state, too, I believe if we do not if 
we truly do not, and I don't mean just those in government, we can certainly lead the 
way — and let me say this to you, if we don't lead the way, we will pay, and I don't mean 
politically, I mean in more important ways, for not taking the opportunities that we truly 
have, but we must make sure that every citizen in North Carolina, whatever their walk 
in life, is involved in this. We must make sure, and this morning I had breakfast with 
one of the finest high school coaches in America, who I'm sad to say after fourteen years 
is leaving Fayetteville and going up to Asheville. And Bobby Poss(?) has won three State 
Championships and all, but this year is teaching in an elementary school, and he said to 
me, "Mayor, I'm just as concerned in the elementary level and I am in the high school 
level." 

So I'm saying to you, ladies and gentlemen, that certainly we've got to do something 
in the preventive, the other side of the coin, and I won't give you any statistics because 
you can usually read all of these. But the other side of the coin is that there are bad people, 
and bad people need to be away from society. And that has nothing to do with rich or 
poor, black or white, Greek or Jew. But I'm just saying to each one of you, if we do not 
together, collectively, and I know some of us come from different political parties or 
different — and I'm a Southern Baptist, if you don't think that's a challenge. Butl'm saying, 
please, please, and I know you will, but please make this a top priority. Certainly get all 
the input and then, with your God given right, do what you feel like is best for our State. 
Thank you, and God bless you. 



1994] SENATE JOURNAL 245 

REMARKS BY DON H. BETZ 
Mayor of Wilmington 

Thank you, Mr. Chairman. Thank you, very much. I'm Don Betz, Mayor of the City 
of Wilmington, and I thank you for the opportunity to share some ideas and thoughts and 
comments with you today. Several of you, many of you, have worked in city government 
and county government. You have been with us there on the streets of our communities. 
And now that you sit here in the Senate, you have been providing valuable funds to us. 
Forour community policing efforts in Wilmington wehavefourneighborhood base stations. 
After two years of really making an impression, children once again are walking up to 
police officers to shake their hand. This has been provided by a partnership. We need 
to continue the partnership. You have been funding the career criminal enforcement 
program. And, yes, we have a lot of career criminals. We're doing a very good job in 
our counties and in our cities of arresting people. We know who they are, and when they 're 
on the move, we can find them, arresting a lot of the same people. We need to continue 
to join hand in hand, counties and cities and towns in our State government, providing 
the funds to address wellness. 

The City of Wilmington has a wellness program, and through the cooperative efforts 
of business and law enforcement and public officials, we are working with the youth of 
our community so that they can feel secure again. We have crossroads of program that 
you helped fund that has computers in a safe building, not necessarily the building that 
they live in, but a place that they can go to after school where tutors are providing time 
to help them. The Governor visited such a program earlier this month when he toured 
Wilmington. He also visited our housing areas, our public housing areas, and saw first 
hand some of the conditions that those people live in. Some of the people in our prisons 
are fed better, and live better, than the people in our public housing . We have police officers 
in our public housing, and the other day it was announced that secret service agents and 
agencies under the Treasury Department are in Chicago and in New York. Something is 
wrong with this kind of program. We need to focus on wellness. [EXHIBIT A] 

And our youth is in an area where so many of our crimes have been committed by youth. 
In theCity of Wilmington, crime in 1992is down 6 percent in major statistics, down another 
7 percent in '93, but assault with a deadly weapon is up 20 percent. And that's a very 
serious area for concern. Again, I salute you for asking us to be with you today. I extend 
our hand to you, to work with you to address the very widespread question. We need 
to remove and to rid fear from our communities. Thank you. 

SENATOR BASNIGHT: If we could do something, Mayor, what would be that issue 
you would recommend to help? What is the one thing that you would ask the General 
Assembly to do this year? 

MAYOR BETZ: I would like to focus on the fact that we've got to stop turning back 
out on the streets for our law enforcement people to arrest again, even in the same day, 
individuals. We need to either focus on bail, we need to either focus on what their record 
has been, we need to retain them for awhile for the system. And that goes even further 
beyond that, but we are focusing our resources on the same small percentage of the popula- 
tion. Thank you, sir. 

SENATOR BASNIGHT introducing Mayor Fetzer: (inaudible) 

REMARKS BY THE HONORABLE TOM FETZER 
Mayor of Raleigh 

Thank you Senator Basnight. Let me take this opportunity to welcome all of you to 
our Capital City. We are very proud that Raleigh is the Capital City and if the City may 
service any of you while you're here, please contact us. 



246 SENATE JOURNAL [Extraordinary Session 

State Supreme Court Justice Louis Meyer recently stated that a typical violent criminal 
will serve only 21 months in a North Carolina prison, then that criminal is back on the 
street. Twenty-five percent will be arrested within six (6) months. Forty percent will 
be re-arrested within a year. Sixty-two percent will be re-arrested within three (3) years. 
And there's no telling how many crimes they commit before they're finally caught again. 
As Justice Meyer said, "It's abundantly clear the release of these hard-core and incorrigible 
criminals has created our high crime rate here in North Carolina. " Thirty-eight (38) murders 
have been committed by criminals out on parole here in North Carolina in the last seven 
months, and there's been a rash of murders in Raleigh in just the last two weeks, as Senator 
Basnight has mentioned. 

There are two immediate solutions to the crime problem. First, increase the chances 
a criminal will be caught when he or she commits a crime. And, second, increase the 
penalty criminals will pay when they are caught. Prison is the only proven deterrent to 
crime. In this Special Session, the General Assembly should repeal the prison cap which 
forces the early release of violent criminals. I agree absolutely with what Governor Hunt 
said when he was running for Governor last year. Let me quote what Governor Hunt said 
then, "I believe that putting more criminals in prison will deter crime. We are notpunishing 
criminals severely enough in North Carolina. The first thing we should do is work with, 
or if necessary fightagainst,theU.S.Departmentof Justice and the federal courts to increase 
the number of inmates that can be held in our present prison space. Attorney General Barr 
reportedly has suggested that states be allowed to operate their prisons at the same level 
of capacity as the federal government, one hundred sixty-five percent (165%). If North 
Carolina were allowed to do that, we could repeal the prison cap and provide space for 
an estimated 13,000 additional inmates, saving the taxpayers an estimated half-billion 
dollars in construction costs." 

In 1992, practically everybody running for public office was in favor of triple 
bunking — three prisoners in a cleat stop the early release of vicious criminals who go back 
on the street and prey on society. Governor Hunt said there is nothing wrong with triple 
bunking in certain instances. In my mind, it's time for the actions of the General Assembly 
to match the rhetoric of the 1992 campaign. Now some people say that the Federal Courts 
will take over the North Carolina prison system if the General Assembly repeals the prison 
cap. At this time, with President Clinton making speeches about fighting crime, I do not 
believe the Clinton administration would attempt a federal takeover. But whether we repeal 
the prison cap by working with, or by fighting against, Washington, we should repeal it. 
Practically every expert traces the crime explosion back to passage of the prison cap and 
the resulting increase in early release. It is our responsibility as leaders in our community 
to speak out for what is right, and to speak out against that which is wrong. It is wrong 
to continue being more concerned about the welfare and comfort of prisoners than the safety 
of innocent citizens on our streets. It is wrong to continue to allow violent criminals out 
early so they can wreak havoc, murder, and mayhem on our citizens. Thank you. 

SENATOR BASNIGHT: Let me, before you do that, let me call on the panelists that 
in your statements (inaudible) of any kind. We're together here (inaudible) we are not 
doing anything political, so let's remember as we speak on the issues that we '11 concentrate 
on the recommendations from our cities, and from our thoughts. 



REMARKS BY THE HONORABLE MIKE EDNEY 
Henderson County Commissioner 

I'm Mike Edney. I'm a County Commissioner from Henderson County. And let me 
begin by thanking you folks for having us here today and showing the interest to listen 
to others in government, and hopefully we can all work together and come up with some 
answers. To tell you a little bit about myself, I've been a County Commissioner since 



1994] SENATE JOURNAL 247 

1988, but when I'm not doing that public service, I'm in the courtroom defending some 
of these criminals, so to speak. I'm certified by the North Carolina State Bar as a specialist 
in criminal law, so I want to bring some of that perspective to you today to give you some 
ideas how some of those thoughts intertwine with my role as a County Commissioner. 

Basically, as I see crime, deterring crime, I think one of the most important things to 
do is to have swift, speedy action. One of the biggest problems with our system, in my 
opinion, is that the first great bottleneck is at the Courthouse door, and I think that is — we 
have problems in all the other areas — but I think that is one of the major things that would 
not take as much money and something this General Assembly can do while you're here 
in Raleigh this week that can have a major lasting effect on the deterrence of crime across 
the State. Last year, year before, the Speedy Trial Act was revoked, thrown out. I think 
we need to bring it back and I think we need to have teeth in it. The Speedy Trial Act, 
some would say, is for defendants, but it's as much for the victims as it is for the defendants 
because avictim deserves a speedy resolution to the issue much more so than thedefendant. 

Another major problem I think we have is how we calendar the cases. We elect our 
District Attorney and then allow the District Attorney to call the cases that he wants to 
call when he wants to call them. Unfortunately, sometimes politics can get into that, and 
you can have people charged with a crime, presumed to be innocent, siting in jail for a 
year or a year and a half before they ever come to court. But, more importantly, you have 
got a victim sitting at home a year or a year and a half not knowing what's going to happen. 
So if there's one thing that you folks can do that would have a huge impact very quickly 
would be to turn the calendaring of criminal cases over to a professional trial court 
administrator and re-enact the Speedy Trial Act with some teeth in it this time. 

And one more thing, very quickly, we have a lot of major crime in this State, murders, 
those type things. We also have other crimes. Lawyers, basically, when they're appointed 
to or retained to represent someone involved in a major crime, it takes a lot of time to 
prepare for that case, and these lawyers are doing other things. What I would suggest you 
consider is aregionalpublic defender type system for the appointment of attorneys in major 
crimes. I think if we do that it will free up the system to run more smoothly for the vast 
majority of cases and make those cases go through quicker and more smoothly, and at 
the same time, assure that the major crimes won't be tried two or three times and also that 
they will get to Court sooner than they are under our present system. Two things real 
quickly. One thing you might want to consider is allowing District Courts to have jury 
trials in misdemeanor cases, and another thing I would ask that you really go after and 
support the Criminal Justice Partnership Act. I think that's very important and I think it 
can work well. Thank you all. 

SENATOR BASNIGHT: Thank you very much, Mike. Patricia, you are — not Patricia, 

you are representing — 

MS. ROESLER: Patrice. 

SENATOR BASNIGHT: Patrice? 

MS. ROESLER: Yes, sir, thank you. 

SENATOR BASNIGHT: You are representing, the— 



REMARKS BY MS. PATRICE ROESLER 
Representing the North Carolina Association of County Commissioners 

— the Association of County Commissioners, yes sir, thank you Senator Basnight. I 
am proud to be here this afternoon on behalf of the organization that I work for. We thank 
you, wholeheartedly, for the support that you gave last year to the search and sentencing 
package. We think that that will go a long way toward helping the system get back in 
line and to restore the truth in sentencing that we think the public is crying for. County 



248 SENATE JOURNAL [Extraordinary Session 

Commissioners think that the next great frontier for change will be the juvenile justice 
system. I think what we're seeing in the adult system is the result of the breakdown in 
the juvenile system to the extent that you can focus on straightening out the juvenile system 
as you proceed with this Session. The Community-based Alternatives Program, I know 
that there is a proposal in the Governor 's package to have that evaluated. We would support 
that evaluation. County Commissioners have, for a long time, supported the 
Community-based Alternatives Program and take a strong role in what that does in the 
communities. We have thought for a long time it needs more funding and perhaps it's 
time to reorient the priorities of what you do with that Program. But we do support it, 
and we support a strong role for Commissioners, and what gets done with that Program. 

Another thing that we would ask you to consider is the state agency resources that are 
needed for after care. Probation case loads need to be brought down, and I understand 
and know that under structured sentencing, that will happen. We need the resources put 
out there to bring those case loads down to a manageable level so that the people who 
are out there in the community dealing with these offenders can do that in an effective 
way. They need treatment in the community and that brings me to the point of community 
corrections. We think the judicial system needs a wider array of sentencing options in 
the community, for not just the community level sanctions, but the intermediate level 
sanctions where you also have intensive probation and those kinds of electronic house 
programs — those need to be broughtstate-wide so that every county has the optionto utilize 
those kinds of community-based sanctions and to leave the active beds for the most violent 

offenders. 

• 

I guess, in summary, I would just say that one things county commissioners have learned 
is that no matter where these offenders come into the system from, they are going to come 
back for accounting. They need to have a system of support there and community programs 
to make sure that they do not recidivate. The only way that you can do that is to let the 
county, or one way that we think you can, is to allow the counties to become a laboratory 
for community-based programs which can deal not only with the juvenile system, but the 
adult system, as well. And we support your efforts in those areas. Thank you. 

SENATOR BASNIGHT: Thank you very much (inaudible) really appreciate. Let me 
tell you a little bit about Floyd Brothers, one of North Carolina's finest mayor, not that 
all of you are great mayors (inaudible) it's really good to have you. 

REMARKS BY THE HONORABLE FLOYD BROTHERS 
Mayor of Washington 

Thank you. President Pro Tern Marc Basnight, Senators, and guests. We came here 
today not demanding anything. We came here humbly asking for your help because we 
have some real problems. I went around yesterday just to get some other comments, other 
than those that I had. And I got those comments from a lot of people — a newspaper, a 
policeman, a lawyer, a regular folk on the street. Let me give you some idea of what their 
concerns are. 

Wildlife, and they're talking about boating; the level for alcohol consumption should 
be the same as DWI. They want us to use jails locally, rather than sending them out of 
State. They want work programs for those who are incarcerated. They want truth in 
sentencing; tougher sentencing for those repeaters. And on the matter of rehabilitation, 
several people told me that they thought drug is a medical problem and it needs to be treated 
in that sense. For those who run around shooting and killing, that's a whole different ball 
game. And I listened, I did not tell them what to do or what to say. I just listened to 
what they said. 

Programs that are successful. We have one here that we've had quite awhile, and it's 
the Governor's One-on-One Volunteer Program. In Washington we call it the "Pamlico 



1994] SENATE JOURNAL 249 

Pals." And there are quite a few of those throughout the State — I think there are forty-two 
(42) programs throughout the State, in which we match troubled kids with a role model, 
an adult who will work with that kid at least four hours a week, whether it's homework, 
some other activity — taking the kid someplace — or doing something with that kid. And 
those programs work. [EXHIBIT B] 

We ask for your help, all that you can give us. I'm not going to go into other things 
because I've heard most of it this way and I'm going to hear the rest of it this way. So 
I'm not going to take those things because they'll accuse me of taking their thunder. But 
I would like to leave you with two things. One is, somehow we need to make parents 
a little more responsible for those kids. We need to do something for these kids before 
they get to that age, which involves — we need to help some parents some kind of way. 
There should be something somewhere, if it's through the churches, through the schools, 
through the communities, we need to do something to help these parents to raise these 
kids. Or otherwise, we're going to pay for them one way or another. So we need to either 
help them now or pay for them later. Just think about it. 

And the other thing — a little comical thing I thought of this morning, I want to leave 
you with that. I'm not going to tell you any jokes. I was thinking, we put plugs in shotguns 
to keep people from killing too many animals — at least give the animal a chance. Then 
we buy guns at home and we've got 'em floating around on the street, and we've got, 
what, six is the standard, I think — used to be. Now we've got nine, twelve, eighteen, 
whatever — it goes on up. Fifty — you can shoot as long as you want to and much as you 
want to. And I was just thinking — why can't we suggest to the federal government that 
they make all one-shot guns except those for policemen, and at least give people a chance 
to live, too. Thank you. 
SENATOR BASNIGHT: (inaudible) 

REMARKS BY THE HONORABLE REBECCA SMOTHERS 
Mayor of High Point 

Thank you for the opportunity to make comments at this public meeting, and I cannot 
resist the opportunity to compliment the humor of whomever was responsible for seating 
to put Mayor Smothers and Mayor Brothers next to each other. I'm Rebecca Smothers 
from High Point. 

I want to commend the North Carolina Senate in addressing the crisis that's building 
in our communities across the State. And I have felt, since receiving the invitation, that 
I must use this time before you to stress the urgency or dealing with juvenile crime, which 
has exploded in the last five years. Our police officers struggle to deal with juvenile crime 
under a system designed to handle hubcap thefts and joyriders. Juveniles account for an 
astonishing amount of the violent crime and drug offenses in our community. The current 
juvenile code is hopelessly outdated. As an example, North Carolina General Statute Sec. 
7A-675(g) prevents the disclosure of the identity of a juvenile under investigation. There 
is no exception, even when the juvenile poses a threat to public safety and is evading police 
officers. Our police are often hampered in apprehending juveniles because they cannot 
effectively enlist the public support without revealing the juvenile's identity. 

And I want to give you a real life situation. November 8, 1993, 3:30, p.m. In the bus 
parking lot of a local high school in High Point, a fight occurs between a 16-year-old 
student and a 15-year-old who had not attended school in a year and a half. The 
15-year-old pulls out a gun and fires six or seven times. Two students are hit, one in 
the thigh, the other was grazed on the wrist. A police officer was parked in the parking 
lot of the school when the incident occurred. He heard the shot and drove to the disturbance. 
Students identified the suspect, who had ridden off on his bicycle. The suspect could not 
be found. A secure custody order was obtained, police searched for the suspect for two 
days. 



250 SENATE JOURNAL [Extraordinary Session 

Day three — after the shooting, the suspect is entered as "Wanted" on the National Crime 
Information Center; suspect's father denies knowledge of his son's location. Day 
four — High Pointdetectives travel to Reidsville and Eden to interview relatives, to no avail. 
Day five — the suspect's father is found dead of gunshot wounds; the son is a suspect; 
relatives continue to deny knowing where he is. Day seven — High Point police request 
Reidsville police to check with relatives again, and they find the suspect hiding. Suspect 
admits shooting atCentralHigh School, butdenies any knowledge of the death of his father. 
The final quote on one of the police reports: "Due to the existing North Carolina laws, 
we are unable to obtain a photograph of the suspect. We were unable to release his name 
or the photograph of thesuspectto the news media to aid in the searchof the known suspect." 

Another example of the Juvenile Code unduly restricting police is the North Carolina 
General Statute Sec. 7A-596. "A law enforcement officer who fingerprints orphotographs 
a juvenile without obtaining a nontestimonial order is guilty of a criminal misdemeanor." 
The police need a data bank of juvenile offenders. Most are repeat offenders. It is often 
impossible to obtain photographs of juveniles unless the police take one when the juvenile 
is apprehended. 

Lastly, we called for an amendment to allow a judge to review an adult defendant's 
juvenile record before sentencing him. Itis impossible for a judge to get an accurate picture 
of an offender without the juvenile's record. Let's go back to the example. Remember 
that 15-year-old who fired five or six shots in the parking lot. He has been charged as 
an adult, butwhenhe appears in co urt,itwill be inadmissible to present that this 15-year-old 
actually sold cocaine to an undercover officer in June of 1993, and has been charged with 
possession to sell and deliver, as well as sale and delivery of cocaine. At the time of the 
shooting, these charges were pending and have yet to berried. Yesterday this 15-year-old 
was indicted on the high school snooting. 

Local elected officials recognize that the primary duty of government is to protect its 
citizens. That sacred duty must guide your efforts in reforming our criminal justice system. 
The people are fed up with government seeming to be so preoccupied with the protection 
and rehabilitation of criminals. We implore you to weigh every proposal for reform against 
the likelihood that it will result in the protection of the law-abiding members of our 
community, and we ask for the opportunity to comment on legislation. We are rapidly 
approaching the day when our police officers will decide that risking their lives by 
aggressively policing is pointless. The system plea bargains ordismisses their cases, grants 
probation instead of real punishment, releasesrepeat and violentcriminals from prison after 
serving less than one-tenth of their sentence. The danger to our citizens when officers 
decide that it is simply not worth the risk is frightening and obvious. 

Our criminal justice system in its present form is neither respected nor feared by those 
who are inclined to commit crimes. This is especially true of those who are inclined to 
commit crime against violence. In your home towns across the State, we are hiring more 
police officers, assisting neighborhoods in their efforts to take back our streets, funding 
prevention programs, aggressively pursuing economic developments© we will have better 
jobs. We're all investing in our home towns, but we need a partnership with you. We 
ask that you direct your attention to your statutes — change them. Only you are in control 
of that part of the crime issue. Thank you. [EXHIBIT C] 

REMARKS BY THE HONORABLE ZEE LAMB 
Pasquotank County Commissioner 

Thank you, President/V<? Tern. I'm Zee Lamb. I'm an attorney, County Commissioner 
since 1988, andl'mChairman of the North Caro Una Associationof County Commissioners 
Criminal Justice Committee. I am a former legislative intern, and was a House Assistant 
Sergeant at Arms under the late great Larry Eagles. I thank you for allowing myself and 
the County Commissioners to be part of this panel. 



1994] SENATE JOURNAL 25 1 

The violent crime problem touches not only the Charlottes and the Raleighs, but also 
the small and medium-sized cities and rural counties. School and juvenile violence and 
drug related street crime has our citizens up in arms. This General Assembly is to be given 
more credit than ithas received for the important crime legislationpassed in 1993, including 
structured sentencing, which provides truth in sentencing and eliminates parole. Structured 
sentencing will, in my opinion, restore integrity in the public's eyes in our criminal justice 
system. 

Also, the Community Corrections Act providing for alternatives to incarceration was 
important legislation passed by the General Assembly last year. Their school violence 
legislation was an area that this General Assembly touched on and, I believe, was very 
important and was responding to the needs of the public. And also, the toughening up 
the DWI laws — my grandmother died because of a habitual drunk driver on the roads in 
Virginia. All I say is be proud of what you accomplished in 1993 and protect it, fine tune 
it, if you must, but protect it and preserve it, particularly structured sentencing, which was 
studied for three years — it wasn't done overnight. 

Concerning structured sentencing, if you feel that it needs to be moved up from its 
effective date of January 1, 1995, we would support, as County Commissioners, moving 
it up to October 1, or July 1, or sooner, if logistically possible. We also would have no 
objection to moving up the Community Corrections legislation effective date from July 1, 
1995, to January 1, 1995. 

Concerning school violence, I support Governor Hunt's middle school initiatives and 
proposals concerning family resource centers. I also support the State, if not this Special 
Session, but sometime in the future creating innovative alternative schools where counties 
or groups of counties can deal with sixth to twelfth graders expelled from school. We 
can't continue to simply throw these troubled youth on the streets. Alternative schools 
are expensive — they cost four or five times more than normal schools, but they are cheaper 
than the cost of housing inmates later on in life. We must develop new preventive measures 
if we are to help save the next generation of potential criminals. 

Concerning prisons, I believe the public does support new prison construction to house 
violent and career criminals. My county and our people support these and other prison 
construction programs. But there is one caveat. I urge that for every dollar you appropriate 
for prisons, that you appropriate at leas tone dollar for prevention and treatment. Governor 
Hunt'smiddleschoolinitiativesandfamilyresourcecentersaregoodexamplesofpreventive 
measures. 

Counties want to continue partnership with the State in providing for the housing of 
short-term misdemeanors. And where possible, in those jails not overcrowded, we are 
willing to provide additional lease space, but the reimbursement rate must be, or should 
be, increased. Counties charge each other $50 a day to house each other's prisoners. The 
State pays counties $14.50 reimbursement for State prisoners in local facilities. I urge you, 
if we can pay Rhode Island $68 per day, we can pay our counties $40 or $50 a day. Thank 
you. 
SENATOR BASNIGHT: Thank you, Zee. Fred. 

REMARKS BY THE HONORABLE FRED NIEHOFF 
Mayor of Hendersonville 

Thank you, Senator Basnight, it's certainly a pleasure to be here. I am Fred Niehoff, 
the Mayor of Hendersonville. I've been Mayor for two months and I've seen so much 
I feel I've been Mayor for two years. Our police chief gave me a list of things he'd like 
to talk about that were on his mind, but he's going to be here tomorrow. So, I said, "You 
talk about it, they don't want to hear it twice." I've got a little different message I want 
to give you today, and I'm going to pick up on Zee's comment about $1.00 spent for 
correction and $1.00 spent for prevention. 



252 SENATE JOURNAL [Extraordinary Session 

My background is manufacturing, and I did teach for 14 years in a community college 
in Hendersonville, and when I heard Governor Hunt's crime program, I was reminded of 
an experience that happened to me when I was first in manufacturing management back 
in the mid '50s. I was hired in a quality control manager's position in a company that 
made components for the Mighty Mouse Rocket. And, frankly, things were a mess. We 
had 5 percent, 10 percent defective parts in the system. We couldn't get anything through 
the Navy inspection. So we had to have a program, we had to spend a lot of money cleaning 
up the mess. The first thing we did was to weed out the bad parts. Those that we could 
salvage, we did. We put them back in the line. Those that were beyond repair, we threw 
out. We didn't want to see them again — they were gone. But even more important, for 
the long-term fix, we put a lot of controls, we spent a lot of money instituting controls, 
training, attitude change, and so forth at the front end of the line to make sure bad parts 
were no longer made, and it worked. Within three months, the line was clean and it stayed 
clean. In three years, when the Navy awarded only one contract instead of eight, we were 
the successful contractor because we had solved the problem. 

I think the analogy is clear. Very, very similar to what the Governor is proposing. We 
spent a lot of money we didn't have. It was not in our budget to put all these extra controls 
in, but we had to do it to stay alive. And I think that's the important thing, and getting 
back to his comment about a dollar for a dollar, I am so concerned that when we get down 
to wrestling with the costs of the programs, it's going to be fairly easy, politically easy, 
to build more cells, to get tougher on criminals. The public is demanding this. They really 
are. But it's a little tougher to put these programs in, to fund them and to develop the 
manpower and the programs to deal with juvenile crime to work in the front end of the 
system. It's not quite as glamorous; it's much more easy to see results when we're talking 
about getting rid of the bad guys, putting them out of society. But I think that if we're 
going to solve the problem down the line, we're going to have to make sure we don't 
change the front end of the system. We've gotta make sure that bad parts are not being 
made. 

Now, I know it's a lot easier to talk about an inanimate hunk of steel and put controls 
in to make sure it comes out right than it is to work with the human mind. But our 
sociologists, our psychologists, they know what can be done. A lot of the programs that 
the Governor is talking about have worked — we've just got to expand them. So what I'm 
saying to you and requesting very earnestly is that we don't overlook the front end. And 
I think if we do a good enough job at that end, eventually we'll be able to rent out our 
jail cells, the extra ones that we have, to our neighboring states if they don't successfully 
solve the problems that I hope we do. Thank you. 

SENATOR BASNIGHT: Thank you, Fred (inaudible) ...our Queen City. We're glad 
to have you. 

REMARKS BY THE HONORABLE RICHARD VINROOT 
Mayor of Charlotte 

Thank you, Senator. I appreciate very much your inviting us here. I first want to say, 
I'm Richard Vinroot. I'm the Mayor of Charlotte, North Carolina, and I want to give you 
some statistics and some very specific recommendations from our City. Thank you for 
calling this Special Session, and thank you for inviting us to come forward and express 
our views. 

I have some good news and some bad news. The good news, at least in the Queen 
City, is that we're the number one new-job-producing city in America, ahead of Atlanta. 
Number two, we're creating more than 60 percent of the new jobs in this State, and we're 
doing that well. We've been recognized as the number one city in America in terms of 
economic development in taking steps to try and improve and make investments to make 



1994] SENATE JOURNAL 253 

opportunities for our people, and we're one of the number one cities in this country in 
terms of foreign investment in things that are happening to our City in a good way that 
all of you are all too familiar with, like pro sports, and the things that that will do for all 
of North and South Carolina. 

But the bad news is that the City with 453,000 people, or 8 percent of its population, 
has 22 percent of its serious crime. We have 22 percent of the violent crime in North 
Carolina. Last year we had over one-fourth of the State's homicides and 14 percent of 
its property crime. We have, if you look at the State statistics, twice the State average 
in almost every category. And while Durham and Cumberland and Guilford and Forsyth 
and Wake come close, we are all by ourselves in terms of our experience with crime at 
this time. You are helping us, but we are getting roughly 7 percent of the State's resources 
to deal with the problem in terms of our criminal justice system. Fourteen million out 
of a little over $206 million comes to Charlotte, 7 percent to fight 22 percent of the problem. 
As a matter of fact, we get almost twice as much for our public defender and our indigent 
defense as we get for our D. A., our prosecutor to prosecute the crime. And we have serious 
problems that are essentially teaching our young people, in particular, that crime does pay 
and that the risks are slight. 

And so we have some very specific requests that we want to ask of you. Our reaction 
to Governor Hunt's proposals is very positive. The Governor is on the right track and 
we support much of what he says, indeed much of what he says is what we say. We're 
going to ask you for six or seven things, three of which will cost some money. 

First, we would ask that you consider providing us money to create a boot camp in 
our City so we can take the juveniles, the front end, put them into a controlled environment, 
give them discipline, give them job training, give them drug treatment, and even give them 
some of the jobs that we are producing in our City in abundance. We figure it will cost 
about $700,000 a year to operate a model boot camp, and we can do it on facilities we 
currently have operated by our County Sheriff. 

The second thing we ask you to do is to permanently fund our drug court. We are fast 
tracking drug criminals in a way that has caught the attention of our Attorney General and 
our Governor and they wish to replicate in other counties. And we're having an impact 
on drug crime in our City. That costs currently about $750,000. It's coming from the 
Governor's Crime Commission, about 75 percent and the other 25 percent is coming from 
the City of Charlotte and the County of Mecklenburg. We're the only city in the State, 
to my knowledge, that is essentially helping fund the criminal justice system, which it's 
against the law to do, but which we do by giving money to our County so they can give 
it to the system. 

The third thing we ask is that you give us funds in the amount of about $977,000 to 
create something that is also novel called a Violent Predators Prosecution Team. We have 
calculated that roughly 7 percent of our criminal population is committing well over 
one-fourth of the serious crime in our community. And we want to have the resources 
to go after that element and investigate them and prosecute them and getthem off our streets. 

The fourth thing we would ask, that you to consider giving us laws, and incidentally 
all of this is in a very specific package and we drafted the legislation from much of this 
and it is something you can look at and review and we have given you the dollar amounts 
that go with it and help us have laws that keep out of our public housing communities, 
bad people. And give us laws to help us excommunicate, if you will, get out of our public 
housing communities, bad people. Our poor people have enough problems without having 
crime in their neighborhoods. We'd like to have some tools to clean up our public housing 
communities and make them safe for the least of our brothers and sisters in our City. 



254 SENATE JOURNAL [Extraordinary Session 

The fifth thing we'd ask you to do is do what Governor Hunt has suggested, and that 
is create the funding mechanism to have a criminal justice information system throughout 
this State. The man that was accused of killing two police officers in Charlotte had a criminal 
record with nineteen prior arrests. The judge who put him on probation knew less than 
five of that because that information was not available. We need to have a criminal justice 
system so we can exchange information with other counties and within our own County 
and we have been asking that for years and we'd like to help get your help in supporting 
that effort. 

The four other things we'd ask would not take funds, they simply would require 
amendments to statutes — one, we would like to have it created as a felony for an assault 
on a police officer under any conditions. Next, we'd like for it to be a felony to use guns 
to commit any crime. Loaded guns or unloaded crimes, unloaded guns, toy guns, or real 
guns; any gun crime is a felony in this State. Next, we'd like for it to be a felony for 
the possession of less than on gram of cocaine. That is a subject that I think you all have 
discussed before and we'd like to have enabling legislation to consider — consider not 
necessarily impose a curfew for our young people to experiment with getting them off the 
street during the hours in which they can get in the most trouble. 

We've implemented in Charlotte something we call TNT, or Tolerate No Truancy. All 
of our fifteen hundred police officers are truant officers during the hours of eight to four. 
We've reduced property crimes by some twenty percent during those hours and we think 
it has a direct relationship into our taking those kids and getting them back in school. 
We'd like to have the same authority at least to try to get our kids off the street during 
the night hours or at least consider that option, and we think we need State legislation 
to permit that. 

Our City has also adopted something we call a Comprehensive Community Safety Plan. 
It requires a lot on our part in terms of prevention and doing things that you have heard 
a lot about today already on the front end but we need some rifleshot tools and we are 
not asking for the world and we are not asking for what we think is the perfect solution 
to try to deal with the folks in our community who are doing us the most harm. We 
need your help. We don't have a sure solution. We don't have a perfect solution, nor 
will you, I predict, come out of this General Assembly with aperfect answer to this problem. 
But action is needed and action is needed now. If you approve our financial request, we 
will go from 6.8 percent of your State resources devoted to prosecuting criminals in our 
City as opposed to 8 percent of the States population, to 7.9 percent or close to our per 
capita share. We will continue to have, I predict, without some drastic action, higher than 
our normal pro rata share of the problem in our State and we very much want your help. 

I will be here; others from our City will be here throughout your Session to try to answer 
questions and to tell you what we think we are trying to do that makes sense and we will 
solicit your help. Thank you for having us here. 

SENATOR BASNIGHT: Thank you, Mayor. We have three select committees that will 
be working on these very issues that you have spoken about (inaudible) each and every 
one of you and I am certain they will be calling on you from time to time. Nancy. 

REMARKS BY THE HONORABLE NANCY JENKINS 

Mayor of Greenville 

President of the League of Municipalities 

Good afternoon. I'm Nancy Jenkins, Mayor of the City of Greenville, and the current 
President of the North Carolina League of Municipalities. Senator Basnight, I certainly 
want to thank you for giving us this opportunity to share our municipal viewpoint with 
all of you. 



1994] SENATE JOURNAL 255 

We know that we must work together in combating crime, and if I might, I would like 
to speak first in my role as League President, representing the five hundred two (502) cities 
and towns across North Carolina which are eager to be partners in your commitment to 
deal with crime concerns across our State. We do appreciate Governor Hunt and all of 
you for your concerted efforts to study both punishment and prevention as you address 
crime in North Carolina. As you have already heard, the municipalities are on the front 
line in the daily battles with crime. City and town councils struggle with the dilemma 
of very lean budgets as we endeavor diligently to provide police service, recreation, 
affordable housing, Housing Authority programs, early intervention, employment 
opportunities, economic development and to coordinate with other agencies in combating 
crime. 

We are doing many things well. But we know that we must be better and smarter in 
what we're already doing and there is no easy answer to the crime crisis. There's no one 
answer, there's no simple answer. The problem does belong to all of us, as is obvious 
here today. The problem does affect all of us, and all of us must work together for multiple 
solutions. 

As you study all of these issues, we would simply ask that you remember the critical 
role that local governments are playing in law enforcement today. The vast majority of 
law enforcement officers in this State are employed by local government. Any proposal 
to fight crime must address street-level enforcement, and that does mean addressing the 
role and resources of city police officers. We already have some of the finest men and 
women serving in our law enforcement today. We are all acutely aware of that. 

As you do consider the rising crime problems, we would hope that you would invest 
in the already existing resources of local law enforcement. And as you consider local 
government as your very effective partner in a campaign against crime, our hope would 
be, obviously, that you do not mandate action by local governments and fail to pass on 
the necessary resources to do so. Adopting unfunded mandates for local government is 
not a partnership that we would desire. While enforcement and punishment are certainly 
vital in the crime war, prevention and intervention, it has been mentioned many times here 
today, is of equal importance. The local government already provides their offices quality 
recreation, park programs, team centers, human relations groups, public housing programs, 
and many other preventive strategies. We need not re-invent the wheel, in many cases, 
to enhance what we already have. 

The North Carolina League of Municipalities has a very effective grass roots policy 
developmentprocess, as all of youknow. Legislative goals are adopted after standingpolicy 
committees make recommendations to our Board of Directors. In fact, our Transportation, 
Communication and Public Safety Committee chaired by the Mayor of Winston-Salem 
is a twenty-one-member group of representatives from large and small cities and towns 
and it's balanced in every way. We would hope that you would use our League as aresource 
to help formulate proposals that will impact on municipal government. Our League staff 
is always eager to work with you throughout this very special session. We know that we 
must work in partnership to serve our citizens best, and we appreciate and solicit your 
allowing us to be heard. 

As the Mayor of the City of Greenville, I certainly would like to leave with you a packet 
of information for specific activities that we are undertaking in both enforcement and 
prevention. All of these worthwhile, but obviously not enough. The need for more police 
must be addressed concurrently with long-range prevention and intervention and I know, 
all my fellow Mayors have already shared with you other specific suggestions. We look 
forward to your deliberations. We do appreciate being made a part of this process. We 
are quite honored to be a part of your team. We know that punishment and prevention 
strategies pursued in partnership certainly can mean progress in combating crime in our 
State. Thank you, sir. [EXHIBIT D] 



256 SENATE JOURNAL [Extraordinary Session 

SENATOR BASNIGHT: Thank you, Nancy. How about questions from the members. 
Let's keep our answers short — 

SENATORBALLANCE:Thankyou,Mr.President,Mayors,andCounty Commissioners, 
others, I'll preface this question, and I will be brief — we have a young lady who has traveled 
here today from Murfreesboro whose 15-year-old son is now being held on first degree 
murder, and her concern is not quite the same as you might expect. Prior to this incident 
when he shot her friend, she had taken him to counseling and he was on three different 
drugs. She saw him somewhat unraveling and she asked his father to take him to the court 
system. And he was taken to the court system and as far as she is concerned, not much 
occurred, and a short time later this tragedy occurred in the shooting. He was 15 years 
of age at that time. He is now 16, and Mrs. Faison is sitting up in the gallery here with 
us today, she came down to be with us. She's concerned about one provision of the proposal 
that all juveniles be tried as adults in these kinds of cases, and what we're going to do 
with that. And I just throw that out as a question for someone, maybe one of you might 
want to just comment on. 

MAYOR VINROOT: In two years' time, the people between the ages of thirteen and 
sixteen in our County accused of homicide down to armed robbery, and that includes rape 
and burglary, has risen from something like 142 to almost 300 — almost a 100 percent in- 
crease in two years time. And what we're finding in the serious crimes in our city is almost 
no remorse among those young people who commit crimes. Three (3) young men walked 
into a motel and shot a police officer two years ago because they were angry because he 
chased them off the property and essentially threatened their manhood in the process. And 
they came back and shot him in the chest and went home and went to sleep and all three 
had to be awakened the next morning for investigation. They were not even concerned 
enough aboutitto lose anight's sleep. I think we've reached apoint where juvenile criminals 
need to be taken more seriously. 

SENATOR ODOM: I want to direct this to my Mayor, Mayor Vinroot. One of your 
proposals in the package that I was able to look at on Sunday afternoon dealt with the 
curfew. A couple of questions on that, Richard. First, in all of your public hearings, 
and I know you had a number of them in Charlotte, to what extent was that proposal em- 
braced or rejected, and especially from some of the higher crime areas and some of the 
Black communities where we've had so many problems? And secondly, do you know 
of any community that has successfully used a curfew with a city the size of Charlotte 
anytime in the last ten or fifteen years? 

M AYOR VINROOT: Fountain, the place thatit'sbeing used mosteffectivelyisCharleston, 
South Carolina. It's not a curfew — it's a sign up, it's where parents sign up to essentially 
permit the police to bring in their youngster if they find him or her out during those hours. 
They report dramatic reduction in crime — some 27 percent reduction — and apparently 
many, if not most of the parents in Charleston have signed up for this self-imposed curfew. 
Atlanta has tried it, I think without much success. Philadelphia has tried it, according to 
our Mayor Pro Tern, with some success. We don't know whether we want to do it or not, 
but we'd like to have the right to experiment, and we aren't sure we even want to try it 
yet. But we are told by our City Attorney that if we don't have enabling legislation, it's 
questionable whether we can or not. But I will have to say the jury is out, we're not sure 
it will work, we're not sure we'll do it. We'd like to have the right to try. 

SENATOR ALLRAN: Thank you, Mr. President. My question was this. As a lot us 
us know, as you certainly know, Mr. President, we have got, one of our Study Commissions 
is on the Juvenile Code and what we need to do or not do with the Juvenile Code. And 
I was particularly interested in the Mayor of High Point's comments. She had some very 
strong opinions in regard to Juvenile Code, and I just wondered, is it possible for us to 
get copies of these comments someway, and how would we go about doing that? 
SENATOR BASNIGHT: All copies will be provided for all members of the Senate, as 
well as those speaking. ..(inaudible) 



1994] SENATE JOURNAL 257 

SENATORLEE: It's no secretthatl am a big fan of alternative school pro grams — commu- 
nity based programs. I wonder if the municipal and county leaders would comment as 
to what extent they believe school suspensions without these other options available in 
the community tends to enhance the commission of crimes among young people, and do 
you believe that our investment in alternative school programs and community based pro- 
grams in conjunction with the school system would in some way decrease the commission 
of crime by young people or have any impact at all, in your opinion? 

MAYOR BROTHERS: I think the suspension of kids from school has a terrific impact 
on the crime. We see them out of school and we find that they are involved in criminal 
action. The thing that really gets me is that we keep providing second and third chances 
to kids who throw all of them away. We spend a lot of money in public schools in this 
State, and those schools provide some of the best legal minds that we've got in the United 
States. And some examples are right here. Not all of you went to public school in the 
State of North Carolina. Some of you went other places. But we've got some good minds. 
But we keep giving people second, third, and fourth chances. 

I look at a program that I worked in and I'm beginning to look at it and think about 
it more seriously now. JTPA Program which started in the evening after school. And 
I noticed the kids are getting thrown out of day school so they can go in the evening. 
And these are the kids who create the problems. Then I look at the setup during the day. 
You got all of the Assistant Principals there. In the evening, you got a few teachers and 
probably an Assistant Director or a Director. And those kids are allowed to be there. And 
in the past they've been able to create all kinds of problems in the process. I think if we're 
talking about alternative schools, I'd like to see a school that's a little more strict on what 
you have to do. Now if you've gotten out of the public education, the free part that you 
do what everybody else does, you got more freedom. When you're given an alternative 
school, I think it should be exactly that. You are going to do here, because we expect 
you to. And we have restrictions, rules, whatever, to make sure that you do. I don 't know 
whether I answered your question or not, but I sure got a good time talking. Thank you. 

COMMISSIONER LAMB: I think there is a correlation between putting people out on 
the streets without any alternative program and juvenile crime. Long-term suspensions 
are increasing. I think the new legislation you all passed last year will cause it to increase 
even more, perhaps, if it doesn't deter acts of school violence and bringing guns to school. 
We can't continue just to kick these people out of school and not provide an alternative. 
Like I said in my remarks, alternative schools are expensive. They don't have the best 
record. I mean, the record on alternative schools, you have a failure rate that is troublesome. 
But at the same time, we can't just throw up our arms and abandon these people. We 
have to look for new types of alternative schools. Structured, strict alternative schools. 

SENATOR BALLANCE: Thank you, Mr. President. We have with us— some of them 
havegoneoutalready — alargedelegationofAfrican-AmericanministersfromacrossNorth 
Carolina. They were here for breakfast this morning. They had a workshop and they had 
what they call "A March of Faith." They may have been gone over to talk to some of 
the people on the House side, but they were here visiting with us today. 

SENATOR COCHRANE: Thank you, Mr. President. Several of you all made comment 
on the need for parent involvement, parents being more responsible. A lot of us have been 
saying for years that the breakdown of the family has led us to a situation where we have 
so much crime among our young people. Do you have suggestions for us in how we 
can make parents more responsible, so that they fulfill their roles of molding the character 
of young people? 



258 SENATE JOURNAL [Extraordinary Session 

MAYOR VINROOT: I don't know how we're going to force parents to mold characters, 
but I will say that in at least two of the programs I mentioned, we're going to take parents 
into account. If you give us the tools to take people out of ourpublic housing communities — 
incidentally, we have awaiting list of three thousand (3,000) families who want into public 
housing — if you let us take some of the people out of there who have people in their family 
who are involved in crime, we will make the tenant responsible for his or her children's 
acts and we will simply take them out if those children misbehave. That's one way in 
which we will force them to take a hand in their children's actions. 

The TNT program I mentioned, the first time around when we pick a child up who is 
truant, we don't do anything to the parents. But the second and third times, the third time 
we take them to Court, and essentially prosecute the parents, as we should, for not keeping 
account of their children's whereabouts. Now we think that if we were to impose some 
things like curfew, we would get some parents probably who would like to have that kind 
of support to help them get their kids in their homes at nights when they ought to be there. 

SENATOR SIMPSON: Mr. President, Commissioner Lamb mentioned a moment ago 
that the State was paying $14 a day to house state prisoners in local facilities. I know 
the Department of Corrections just completed a lease of some prison beds in Burke County 
for $40 a day, so you might want to go back over there and talk to some people before 
you leave. 

COMMISSIONER LAMB: What I'm talking about is the six (6) months and less that 
some of the current systems, when misdemeanants are sentenced to terms of six months 
or less, they stay in the local facility and DOC reimburses counties at a rate of $14.50 
a day. I think it costs the State right now about five and a half million dollars a year. 

SENATOR SANDS: Thank you, Mr. President. Mayor Fetzer, you so eloquently spoke, 
I think, what a lot of us feel about taking the prison cap off. However, it is my understanding 
that the administration nor the State really has any control over it. I don't know that I 
can speak for this entire Body, but I think I can speak for a vast majority of this Body, 
that tomorrow we would take the prison cap off completely if we thought we could do 
it without interference from the federal courts. Now the administration doesn't have any- 
thing to do with it. It's the federal courts. Do you have any assurance that if we took 
the cap off that the federal government wouldn't turn three or four or five or six thousand 
of the most horrendous people in this State loose on our population? And what assurance 
do you have that that would not happen if we did it? 

MAYOR FETZER: I don't have any assurance except that I know that federal judges 
are not immune to the popular sentiment of the people. I was really trying to express that, 
I know that oftentimes in this Body you are confronted with a good idea that is not necessary 
popular or politically palatable. This is a good idea that is both popular and politically 
palatable, and I don't believe think all we can do is fight. Like Governor Hunt said, we 
need to work on this issue, we need to fight on this issue, because the prison cap is just 
something that doesn't make sense to me. I think it doesn't make sense to a lot of you, 
and it doesn ' t make sense to the populace of North Carolina to continue turning these people 
back out. Of course, we have no assurances that — the federal courts have done some pretty 
bizarre things over the years — we have no assurance that they wouldn't. All we can do, 
all I'm asking is to do your best. North Carolina don't expect miracles from this Body, 
obviously, it's just something that's been communicated to me by the citizens of Raleigh 
that I wanted to communicate to you. 

SENATOR SANDS: Could I respond briefly, if I might? It is politically popular and 
it is personally popular to me. I don't think anybody in here would object to triple bunking. 
The thing that we have to do, I'm not down here to be politically popular. I'm here to 
be also responsible. And I have a fear that if we do what is quote, politically popular, 
in this thing is that the federal courts as they have in other states either charge the state 



1994] SENATE JOURNAL 259 

multi-millions of dollars per day to raise the rates, or the biggest fear I have is they say, 
"Okay, the state has taken off the cap, we're going to impose one and tomorrow you have 
to let X-thousands of prisoners go," and that really would wreak havoc on this State. 
If anybody can give us any assurance that that wouldn't happen, I don't think it would 
take five seconds for fifty (50) green lights to show up on that board. So if anybody's 
willing to pay for it or assure us it can't happen, I believe it will happen. 

MAYOR FETZER: Well, Senator, I think it's way beyond what's politically popular, 
I think it's also the right thing to do. I think we all agree on that. 

SENATOR CARPENTER: Mayor Vinroot,youmentionedafewminutesago,bootcamps 
and the possibility of boot camps in your area. We were watching a television program 
the other night, and at Georgia and apparently they're having problems with any positive 
results in the boot camp in the Atlanta area. Do you have a different angle on your approach 
to this sort of thing? 

MAYOR VINROOT: Yes sir. I'm talking about creating a model boot camp. We do 
in Charlotte something that I think is good. We have a homeless shelter in which we have 
at least people there who we can bring some of our remedies to them in an environment 
where we can make them accessible to those people. I look upon a boot camp the same 
way. There are a lot of troubled youth in our community. If we could get them out of 
their environment and get them to a place where we could bring in some of the Central 
Piedmont Community College resources, so we could bring in some of the Drug Education 
Center resources, so we could bring in some drug treatment, we think we could do a world 
of good. If we can do that as well as on the tail end of that 90 to two-year experience, 
depending on what the judge assigns that youth to do, we can also provide job opportunities. 
We're doing that. We're creating 22,000 job opportunities in our community under a May- 
or 's Summer Job Program to take youth out of our inner city and give them experiences 
with the good things that are happening in Charlotte. The good things that are happening 
there in record numbers, and I'd like to connect the same job opportunities to a boot camp. 
I'm not aware of any place in the country where that's being done. We think we can make 
it work, and make it work in a way that you'll be proud of and you'll want to replicate 
the boot camp that we implement, just as I know you now want, or at least some people 
want, to replicate the drug court that we started just a year and a half ago that's working 
very, very well. 

I've come to you with a couple of ideas that we'd like to try there, because we think 
that our numbers are so disparate to have that population, to have that resource, and to 
have thatcrime experience calls for action, and calls for some experimentation that we think 
can work, and we believe that boot camp can have maybe the most effect on the kids that 
are on the front end of a criminal career that, unfortunately, until they get to about eight 
or ten in the cycle, after being slapped on the wrist and told you haven't done anything 
serious enough yet, then finally the young person goes out and does something really 
serious. And I've got a book full of incidents of that kind in our county. We think that 
boot camp — everybody wouldn't live there — some would live at home and report to it, 
but we could have some controlled environment opportunities to take some kids and do 
some things with them and for them that we don't have now on the streets. 

SENATOR DANIEL: Thank you, Mr. Pro Tern. Richard, Mayor Vinroot, as I sit here 
and I listen, I wantyou to know, firstofall, thank all of you all for coming. It's been — unlike 
having the chance to go and sit and hear this with the leaders of the Senate and the House, 
the rest of us were out making a living and depending on them to put such a panel together 
so we could hear what was happening all across North Carolina. Since we're going to 
have to fund this, look for the funding of this, and I think, Becky, you, or Nancy or somebody 
said "partnership," what I'm interested in, since we have made some good beginnings 
and, Zee — I thank you for mentioning that about what we've done with the structured sen- 
tencing — I think that your General Assembly, you know, a blind hog finds an acorn every 



260 SENATE JOURNAL [Extraordinary Session 

now and then, I think we hit a home run with that, and I think, certainly, to the testimony 
of the courage and boldness of this Body — I think of partnership, we've been trying to 
get better in going down that road, particularly in doing the bond issue this last year to 
help with the water and sewer, in some of the more rural or depressed areas, really, all 
across North Carolina, particularly those areas. Here we are, we've got one of the shining 
jewels of our State. All the cities, but particularly Charlotte, who is doing so well as far 
as national ranking and attracting jobs and doing those things. But yet at the same time, 
and I would assume the wealth or the revenues that come with that would certainly build 
your ability to provide certain services. 

Yet you're seeing the needs are expanding right along with this wonderful testimony 
of progress. Is that something, as we work on these other cities, to come in that direction, 
whether it be Greensboro or Raleigh, that we are going to look to expect? Because when 
I think of partnership, we're going to have to find a money tree somewhere. And if we're 
going to continue to work in this partnering and the things that help us grow and develop, 
then we're going to also need that same sort of partnering from the cities and the counties 
to share in these expenses that we're going to incur. I'm not picking — I want to hear from 
you and then maybe then some of the others. 

MAYOR VINROOT: We'd be delighted to go into partnership with you on all the ideas 
I brought to you. We are in a partnership now on the drug court, we'd be perfectly willing 
to share the cost of the boot camp and the prosecution fund that I mentioned. The fact 
is, we are putting all of our money in the things that we legally can do, and that right 
now, frankly, is police on the streets, and they are arresting at record rates. But they're 
bumping up against a prosecution and criminal justice system that simply is overburdened 
and that's not something we can legally fund, nor do we. We do indirectly, in the manner 
I mentioned, but we're perfectly willing to share the cost of those facilities. But to be 
perfectly blunt, we are getting about 6.8 percent of the State's resources in that area right 
now for 8 percent of the population for 22 percent of the problem. And at least, my first 
request is that you consider, if you funded entirely the things I mentioned, elevating us 
to what would essentially be pro rata about our population amount, 8 percent. But even 
if you don't want to do that, we'll share that with you because we want to do those things. 

SENATOR DANIEL: Would anyone else— 

COMMISSIONER LAMB: I would just say, I think counties have long been in partner- 
ship with the State on various projects and I think we would be willing to work with the 
State just like the Community Corrections Act. I think that's a partnership, and I think 
we're looking forward to working with the State on that. I would say that Charlotte's got 
a lot of money and there are a lot of counties across this State that doesn't have the same 
money and the resources that a Charlotte has, so I would hope that you would consider 
that when you figure up the division of money. 

SENATOR DANIEL: Mr. Pro Tern, may I continue? Well, that's the point. In seeing 
the differing views because we are very much aware of having the differing type of problems 
in Charlotte, as well as in a Northampton County. We are going to be looking to try to 
find revenues here to do the sort of things that the Governor has recommended, as well 
as other ideas that come forward, whether itbe the recommendation from Charlotteor wher- 
ever. The Governor said that, and I think he's correct, since we have gone to the people 
and gotten their approval to, pretty much in 1991, to deal with the budget crisis in raising 
the taxes the way we had to, to balance our budget, but yet cut spending, he is now recom- 
mending in his address in cutting government, going in and making cuts, he has recom- 
mended $45 million. Is this also a place that we can look for revenue, even on the local 
level, at the municipal and the county levels? 



1994] SENATE JOURNAL 261 

MAYOR DAWKINS: I would just like to say, Senator, I feel like yes is the answer. 
As I mentioned when I had the privilege of opening this up, I don't know of anything 
more important besides after this life, in other words, going to heaven. But I'm saying, 
on this earth, I think the most important thing we face is what we're talking about now. 
And yes, certainly for Fayetteville, incidentally. And I'm sure Senator Tally and Senator 
Edwards agree with me. You may or may not know, our City will have a 1 2 percent increase 
in population this year. In the next five years we will grow by 50 percent. In the next 
ten to twelve years, we'll probably grow by 120 percent. We're the fourth largest metro 
in the State already. Just a little history about Fayetteville, and we're next to the largest 
industry in North Carolina, of course. 

So, yes, I think that we, and I believe I speak for my colleagues — I'll let them speak 
for themselves, as a part of the partnerships that we are working on now, and quite frankly, 
with the BRIDGES Program that the PresidentPro Tern is familiar with, and other programs 
that certainly we will. We know, and we are serious when earlier, I know that some of 
the other Mayors, Becky or Nancy and others, talk about partnerships — yes. And we will 
be side by side with you. 

SENATOR BASNIGHT: ...(inaudible) by reducing our budget in North Carolina by, let's 

just choose a figure — one percent, would you support us if we reduced your reimbursable 

by one percent? Anybody do that? If we reduce our budget — you reduce your budget 

with the monies that we grant you, the cities and towns, in an effort to build facilities, 

whatever they may be? 

MS. ROESLER: But Senator, we've been reduced for years, you never gave us any 

(growth) 

MAYOR VINROOT: - I tell you, we'd figure out some way 'cause we're serious. 

MAYOR BETZ: That's fair. 

SENATOR BASNIGHT: You would be there with us to help us if we need you. 

UNIDENTIFIED: Sure. 

SENATOR BASNIGHT: Another question? Let's make it a little more difficult— these 
are some of the things we face. If there was a bond proposal, would you vote for the 
bond proposal to build new facilities? 
UNIDENTIFIED: Absolutely. Damn right — correctional facilities. 

MAYOR VINROOT: Let me speak for the citizens of Mecklenburg County. In the 
mostrecentjailbondreferendum,state-wide,Ithinkmostofyouknowthis.Myrecollection 
is it passed by about a thousand votes state-wide. It passed in Mecklenburg County by 
60,000 votes. We certainly feel that way. And I would also give you one more sort of 
appalling statistic — not in North Carolina, but nationwide. I think what we 're really saying 
today is that we need to put more emphasis on what I think Becky said, it ought to be 
a citizen's first right and that is security in this State. In this nation we spend about one-half 
cent of every public dollar on criminal incarceration facilities. We spend about three cents 
of every dollar on criminal justice of all kinds — facilities and prosecution and the like. 
We spend twelve times as much in this Nation on transportation. We spend twenty-seven 
times as much in this nation on education and libraries and that sort of thing. What we're 
really saying, I think, is we have got to in this State, and I think probably across this Nation 
at this time, spend more money on the punishment end of the spectrum, that we 're obviously 
not spending enough to do the job. 

MAYOR BETZ: Just wanted to respond to Senator Daniel in that we are in partnership 
with you, sir. And I think the dividends are coming. As we turn these young people around, 
as we work with the grant monies that you have provided to us, and we work with the 
private sector in our communities, we're getting to face these problems. We can't all be 
Charlottes. Southeastern North Carolinais struggling, we're under severe economic crisis. 
Unemployment keeps fluctuating all over. The City of Wilmington is only 58,000 people, 
and in the last two budget years we have reduced our budget, and that's the message that 



262 SENATE JOURNAL [Extraordinary Session 

our people, our constituency is telling us — reduce government spending. And yet at the 
same time, we added 24% more in our public safety side of the budget. New Hanover 
CountyCommissionershadatwo-and-one-halfcentspropertytaxlastyear. They 're facing 
with other serious crises. So revenue is a scarce resource anywhere we go, but we will 
partnership with you. Thank you. 

SENATOR KERR: Thank you, Mr. President. Mayor Vinroot , I commend you on creat- 
ing 60 percent of the jobs of the State with 8 percent of the population. But I was kinda 
shocked to hear you say you had 22 percent of the crime, and I had thought that the hope 
of a job opportunity was, you know, one of the pieces of this puzzle. And have you analyzed 
the reason thatCharlotte is so prosperous and creating so many jobs, but still you are leading 
in crime, too, because maybe I've been disillusioned and have some wrong data, because 
we in the East have been trying to get where Charlotte is and it looks like if it's good 
one one side, but you are worse on the other? And is it the wrong jobs that we're creating, 
or we've got people that are off the scale in the job market? And I'd like to hear some 
comments. Is not the hope of a job opportunity a large component of this puzzle? And 
I'd like to hear from you, Mr. Vinroot, and some of the others. 

MAYOR VINROOT: Well, first of all, I'd say we're not just creating 60 percent of the 
jobs — we're creating 60 percent of the new jobs that are being created in this State over 
the past five years. I would also say to answer the question, if I had the answer to that 
question, I think I wouldn't be here. I'd be making a lot of money selling that idea. No 
one knows the answer, but I can tell you, a lot of people are coming to our community 
for different reasons. A lot of good things are happening, a lot of good people are coming. 
They're coming to sell their wares and take advantage of those jobs. One out of ten of 
those people coming to our City are foreign-born. I think there are 40,000 foreign-born 
people in the City of Charlotte today. That's a dramatic new number. A lot of those folks 
are coming from other places. A lot of Hispanics, for example. 

But what I think is happening is that simply when you have that kind of economic activity, 
that kind of economic activity when you throw drugs into the component. And then when 
you take a criminal justice system that is simply not absorbing — our police over and over 
are frustrated that we can arrest at record rates. We spend something like 57 percent of 
our City budget on public safety. That's on fire and police protection. That's on arresting 
people primarily. And they're simply not going anywhere. So that's why we voted so 
heavily in favor of the new jails. We simply are yelling and screaming and saying, "Please 
help us do something with that criminal justice system that takes our worst element off 
our streets." That's the reason they're not getting off our streets. 

MS. ROESLER: Could I speak to the job opportunities? I think we have seen an enormous 
support and partnership with the Community College System as we try to address increasing 
the skills and the training of a labor force. In Guilford County, and within the High Point 
District, one out of four youngsters that enter the ninth grade do not graduate. And I think 
it's an educational system that we have to examine also. We're willing to take on part 
of the burden, but, indeed, you'll be hearing educators come in here later in your public 
hearing process, and it's everybody trying to do better what they are responsible for doing. 

SENATOR SIMPSON: Mr. President, one question. Mayor Vinroot, I believe that you 
stated that most of the violent crime in Charlotte was being committed by about 8 percent 
of your criminal element. Do you think that the children of this criminal element you're 
going to be able to get in an after school program in the middle schools? You think those 
children would be the ones you're going to reach? 

MAYOR VINROOT: Yes, sir. What I said was 7 percent of our criminal element, 7 
percent, is doing about 28- or 30 percent of our crime. We know that that's probably 
a list of maybe 1, 100 people, the sort of recidivist that can be identified in our community 
that we could have the resources to go after. I think a lot of those that I'm worried about 



1994] SENATE JOURNAL 263 

mostly are the two hundred fifty (250) last year who were charged with those serious crimes, 
thatif we could have done something with those young people at age thirteen or age fourteen 
and gotten them into the controlled environment I mentioned, they would never end up 
in the homicide list. 

SENATOR SIMPSON: But do you think you're going to be able to get those people 

into afternoon school program? The people we really need to reach? 

MAYOR VINROOT: Yes, sir, I do. 

MAYOR SMOTHERS: I think we can get youngsters in school programs. We've got 

people raising children who don't know how to parent. 

SENATOR BASNIGHT: (recording inaudible). ..written comments, leave with Principal 
Clerk... 



PANEL 

of 

DISTRICT ATTORNEYS 

1. H.P. Williams is District Attorney for the 1st District (Elizabeth City). 

2. Peter S. Gilchrist, III, is the District Attorney for the 26th District 

(Mecklenburg County). 

3. Charles W. Hipps is the District Attorney for the 30th District 

(Waynesville). 

4. Carl R. Fox is the District Attorney for the 15th-B District (Chapel Hill). 

5. Thomas J. Keith is the District Attorney for the 21st District 

(Winston-Sale m) . 

6. David Waters is the District Attorney for the 9th District (Oxford). 

7. Donald Jacobs is the District Attorney for the 8th District (Goldsboro). 

SENATOR BASNIGHT: We have seven District Attorneys who will be with us today. 
As I said, we're starting a little early because we finished a little early. Maybe that'll help 
us a little bit as we move along. The format is very simple. If you keep your remarks 
very brief, we have questions and a couple minutes would do well, three would be okay 
also. But as much as anything, we want to interface with you and exchange comments 
and questions, but we would like to hear your recommendations, H. P., and if we can start 
with you, give us the District that you represent and your full name for the record. Thank 
you very much for coming with us and being here today. 

REMARKS BY THE HONORABLE H. P. WILLIAMS 

District Attorney 

First District 

Thank you, Senator Basnight. My name is H. P. Williams. I'm the District Attorney 
from the First District. The First District includes the seven counties of Northeastern North 
Carolina — Dare County, Currituck, Camden, Pasquotank, Gates, Perquimans, Chowan. 
In my District I now have seven Assistant District Attorneys. We handle in excess of sixty 
weeks of Superior Court a year; nine District Courts per week with those seven assistants 
and myself. 

What I see is a criminal justice system that works. And I say it works in that we are 
convicting more people than ever before. The judges are giving longer sentences. And 
basically, we do have a backlog, and our backlog is created by shortage of personnel. 
But I see the real problem being on the front end and the back end. When I talk about 



264 SENATE JOURNAL [Extraordinary Session 

the back end, I'm talking about the correctional system, and on the front end, I'm talking 
about prevention. And as aresult of those two systems not working, the middle, the criminal 
justice system, has lost all credibility. You think about it, you have a correctional system 
thatholds 2 1 ,000-plus people, more than 30,000 pery ear are being admitted into this system 
that's already full. Over 100,000 people are already in community alternatives, and there's 
really no figures that I know of to tell you how overcrowded that system is. Ideal figures 
of number of people per probation officer or parole officer. 

No longer is the defense attorney begging for probation because they know that their 
client is not going to spend very long in the Department of Corrections. The committed 
youthful offender status that defense attorneys used to beg for, I never hear of that anymore, 
and that used to be a system whereby a young man could be put in the Department of 
Corrections and receive some rehabilitation. As a result of the short sentences, the 
correctional system has no deterrence value, and therefore the criminal justice system has 
no deterrence value. If rehabilitation exists within the Department of Corrections at this 
time, we don't know about it. We don't hear about it, because the turn-around time is 
so quick. We see little treatment, little evidence of treatment of drug abusers within the 
Department of Corrections. Occasionally we hear of an inmate who has received his GED, 
but no longer do you hear of an inmate who has got a college education or received a 
college education or some type of job training within the Department of Corrections. 

Prison has become definitely a pi ace to learn to be a criminal. Alternatives to incarceration 
cannot work unless there is one extra bed so that the Department of Corrections is a threat 
of punishment. I understand that you can't build enough beds to put everybody in, that 
everybody wants to put in, because of the tremendous expense involved. But unless we 
have enough to make the alternatives work, then the whole criminal justice system is going 
to fall through. 

On the front end we talk about prevention. Senator Ballance came to Elizabeth City 
the other night to meet with the community, and that's what the community wants to see, 
is prevention. And I think prevention has to come from the community. Elizabeth City 
PoliceOfficer Anthony Alexander 'sbasketballprogramcanbeatremendous benefit. Naomi 
Hester's Dare Alive Program can make a difference. And they need the resources that 
this General Assembly can give. 

You know, what's happened is that government has relieved us of all of our 
responsibilities. If I want to leave my children, I can't be held responsible for it, and, 
therefore, we have to be held responsible, and government has to look at how we can hold 
people responsible for what they do. 

How do we hold juveniles responsible? In my District, an undisciplined child cannot 
be brought to Court because his case will not be heard. So what do you do with an 
undisciplined child? Why won't they come to court? If he's undisciplined, you put him 
on probation. If he still continues to be undisciplined, you continue to put him on probation. 
We created a system of juveniles' rights without holding juveniles responsible for their 
acts. Likewise, in our juvenile system and our adult system, there are no consequences, 
and as a result of there being no consequences, there's no reason to behave. I think 
specifically of a case this weekend where an individual who in 1 992 was sentenced to seven 
years. Before the next session of court in Chowan County, he was back and answered 
the calendar at the next session, not on a writ of habeas corpus, but because he was already 
out. I mentioned his name to some people in the court system this weekend and they said 
he was family. We knew him, he grew up with us, he's been in the court system so much. 
And the reason his name was mentioned is that he stabbed a man seven times in the neck 
and took his wallet this weekend and now he's facing the death penalty. And the poor 
man who was in the wheelchair and got stabbed seven times is now a victim because our 
system has broken down. 

Specifically, I think the Legislature needs to increase the prison space so that the 
alternatives will work, so that people are not begging to come to prison and they're willing, 



1994] SENATE JOURNAL 265 

there will be some consequences of their action, and those consequences can be felt in 
the community. We need to increase resources. I lay awake at night wondering when 
am I going to try that defendant who is in jail. Or what Assistant D.A. can I assign that 
case to? Because I don't have enough people, so that they can prepare their cases for trial. 
We need more judges because without more Court, then the number of Assistant D.A.s 
will not help. We need more clerks, we need more magistrates. I have magistrates who 
work twenty-four hours a day. When you only have two magistrates in a county, he has 
to work a twenty-four-hour shift. Of course he gets to go home, but he's on call. 

We need to keep calendaring of criminal cases in the D.A.'s office because the D.A. 
is the one individual who is responsible to the victims, to the witnesses, to the law 
enforcement officer — he is the one individual who faces a consequence if he fails to give 
the defendant a speedy trial. And if calendaring is a problem, the reason it is a problem 
and the reasonaspeedytrialdidn'twork, the speedy trial acts, because there were notenough 
resources to move the defendants through the system. You know, for two hundred years 
this problem has been growing. You have a tremendous task to try to fix it in this short 
session, and I wish you the best of luck. 

SENATOR BASNIGHT: Charlie. 

REMARKS BY THE HONORABLE CHARLES W. HIPPS 

District Attorney 

District 30 

First of all, I want to say how much it feels like a reunion to be back today. I feel like 
family and I really appreciate the response I received today, and it's good to come home, 
but I also like a lot of reunions. It'll be good to leave again, too, and because you've 
got problems that I'm glad you're in position to address rather than me. 

Grover Cleveland once upon a time went to church and on the way home somebody 
asked him what the preacher talked about and he said, "Sin." And said, "Well, what did 
the preacher say?" And he said, "he's against it." Likewise, if you ask me about crime, 
I'll say, "I'm against it." You've heard a lot of speeches and I would echo for my speech 
what H. P. has said about solutions. But I want to tell you what's happened with me since 
leaving Seat No. 13 over there. I ran for the D.A. job because I saw that things were not 
working in my District, and I had been down here and helped pass some of these laws, 
probably opposed some of them, and I went back home and I was just distressed that people 
weren't carrying out the legislative mandate as I thought it should be done. And I did 
something about it. 

One of my immediate goals upon being elected and taking office in '91 was to try to 
restore public confidence in the criminal justice system. I tried to do that by reducing 
backlogs, by setting priority on cases so that violent crimes, child abuse cases, DWIs were 
prosecuted. And I tried to use every management technique and leadership training 
techniques that I could come with to do that, in things like utilizing the probable cause 
at the lowest level District Court to resolve cases that should be resolved at that level and 
tried to put into the best techniques. One of the techniques that I used, and I think H. 
P. talked about it, was talking about calendaring. I remember calendaring being a big issue. 
Calendaring is not an issue in the 30th District and in most of the districts in the State — it's 
an issue in some. But the exception should not make the rule. 

Let me tell you what we've done in the 30th District. Teamwork is the key. First of 
all, I hired the best lawyers I could hire. I hired all defense lawyers I could hire, and myself, 
being a former defense lawyer, we have been on the other side. We know what it's like 
to be treated both ways. Hired the best lawyers I could and expected the most out of them. 
I think that is something from a management technique that people need to realize. We 
worked with the judges, the Clerk of Court, the defense bar, law enforcement officers, to 



266 SENATE JOURNAL [Extraordinary Session 

develop what I called a protocol manual. Each of my assistants has this manual, which 
they take to court with them. They memorize it, but they carry it to court with them. 
It tells them, with parameters, what they can do and can't do with regard to cases. It also 
gives them "Helpful Hints from Heloise", especially if you have cookbook on how to handle 
cases, how to do things like — one thing I require is my Assistants to be in Court at least 
one hour before court starts in the morning. I'm talking about in court . I don't mean in 
the office, I mean in the courtroom. Dealing with people, dealing with lawyers, with law 
enforcement officers, with poor defendants whose only crime was doing seventy in a 
fifty-five they're up there only because of insurance needs. 

But one of the things I tried to do upon taking office— I went around to each of the 
entities within the District. Law enforcement — I went to see the assistant clerks as well 
as the clerks of court, and I asked them if you could change one thing in the court system, 
what would it be? And I took those ideas and I molded them into this manual, which 
we use. We also developed a Drug Prosecution Manual, and it shows successful strategies 
for prosecuting drug cases, and it gave tips to the officers how to make better cases, etc. 

What has all that meant? Well, first of all, like H. P.'s District, my District is as large 
as the State of Rhode Island and the State of Connecticut put together. It's one hundred 
(100) miles from one courthouse to the other. It's a long ways. We have four offices spread 
out over those seven counties. In Haywood County, there were over four hundred (400) 
cases on the Superior Court docket January 1, 1991. Today there are less than one hundred 
(100) cases total in Superior Court in Haywood County. We have compacted the numbers 
down. We have reduced the volume of backlog, we have utilized the court as efficiently 
as we possibly can. We have reduced the median age of cases in that county to less than 
sixty-three (63) days, which I think is, if Haywood were a District, it would be the lowest 
in the State. The number is down, the median age is down. 

What do I think that has to do with that? I think a lot of it has to do with communication. 
It has to do with working with the defense bar. For example, we set up our calendar about 
two to three weeks before court, and then within one week of court, we go ahead and publish 
the list of cases in the order that they're going to be tried. This is after we have gotten 
through with the pleas and everything else. Everybody knows what the deal is from the 
beginning. If a lawyer has a problem with court conflict, they know to call us. We talk 
about it, we take the case off the calendar, but they know it's going to be on the next calendar. 
It works itself out. Communication is extremely important. The point I'm trying to make 
is that we worked real hard on this, and I think you have to realize that each District has 
a different way of doing things. What works in my District may not work in Tom Keith's 
District. H. P. and I probably work better because we're both rural. But we've done all 
we can, I think, internally now. We've compressed all the numbers together. We reduced 
the backlog to its lowest level. 

The problem I have is the revolving door concept. We have people to go through the 
system so fast it sounds like these helicopter blades going flop, flop, flop, flop, flop. We 
had acase recently where a guy was convicted as an habitual DWI in one Session of Superior 
Court, and within one month, had been released and was back in the Superior Court on 
another DWI, all within a one month period of time. That's pretty fast, folks. We had 
one Deputy Sheriff that arrested a guy out on the street one day, thought he had escaped 
from jail. He had just been released within three or four days from the time he was 
incarcerated. These are things that are out of our control, we do nothing about, except 
we catch the grief for it. 

If there's one thing I would ask for, and that would be some technical resources so that 
we can continue to do the work we 're doing . For example, everybody talks about structured 
sentencing. Well, structures sentencing is be much more demand on D. A.s to have accurate 
records before the court. I don't have a PIN machine, or access to one. I need one in 
my office, desperately. I go hat in hand to the Sheriffs, and sometime it's a week to two 



1994] SENATE JOURNAL 267 

weeks before I can get the information back. I need better information faster. So we need 
that information if there's anything I could ask for, it would be that. I think the other D.A.s 
need that across the State if they don't already have it. It would help on things such as, 
judges will call you, somebody has been arrested, they want a bond hearing, and you run 
down to the Clerk's office real fast and try to research the record within that county. But 
you need the record for the whole State, and you need it real fast, and you can't wait 'till 
two or three days later to get it. So these are things that we need. 

Imightalso say thatwehave been able to take avery rural district, and oneof the successes 
has been that we've helped — the county commissioners have been very helpful to us — we 
had very little equipment. Our idea of a computer when I went to office was a legal pad 
and a couple of yellow pencils, No. 2s. We now do have computers. We got one from 
the AOC through the District Attorney Conference, but the county commissioners have 
(in each of the counties I've gone by and begged, borrowed and promised, and they've 
given us computer equipment for our offices. 

Thanks to the Supreme Court, we now have some CD-roms so we can do some research, 
but these are things we need, at least to be — I don't want to be on the cutting edge of 
technology — but I'd like to at least think that I'm out there fighting, not with the Red Baron 
against a stealth fighter, which is what a lot of the law firms have come up against us have. 
We need the resources. 

Basically, overall, I feel that each of the D.A.s who have got different leadership 
management styles, we have different geographical districts, our responses are different, 
but we all have a common desire. We want to do the very best job we can do. Give 
us the tools, we will do the job. And I might say one thing, Mr. Pro Tern, D.A.s get mad 
with me for saying it, but it occurs to me that with the education system that you have 
through the State, that you give report cards on districts and what they do. We don't have 
that in the judicial system. We need probably some sort of an accounting basis internally, 
not just for D.A.s, but for the whole system. It does no good for us to be ready for trial, 
and a judge wants to go back home on Wednesday. It does no good for the judge to be 
there wanting to try the case and the D.A. not have something ready. It does no good 
for us to all be ready to try a case and the officers do not have their witnesses, or can't 
find them. The whole system works together. 
SENATOR BASNIGHT: ...(inaudible) 

REMARKS BY THE HONORABLE THOMAS J. KEITH 

District Attorney 

District 21 

If I'd like to see one thing happen, it would be in the area of drugs, which for seventy 
years, the incarceration rate has been 100 people per 100,000, nationwide — flat line. About 
1980, if you'll look at a graph which I can show you, it goes vertical to 393 per 100,000 
in 1990. We're above that now in 1994. So, instead of one in 1,000 people being in 
jail, it's 1 in every 250. So, you got three more people for the first time in history, in 
the last ten years, who are going through the court system. We always had that one guy 
in a thousand, the jerk that just cannot fit in, sociopath and what have you. Now we got 
four people, and what happened, three of them are probably drug-driven crimes. And 
they're competing with with the one psycho killer for his bed. So he gets out in 25 percent 
of his time instead of 100 percent of his time because we've got a bunch of the "drug-os" 
in there taking up space where people stealing because they need money to buy drugs. 

On a small scale, on just a small county, we got a grant from the Governor's Crime 
Commission a couple of years ago, a two-year grant, and we took first offender drug 
people — now my county, 42 percent of the cases in Superior Court are drug cases. That's 
after they are screened at District Court, where if we don't have an absolute landlocked 



268 SENATE JOURNAL [Extraordinary Session 

winner, we plead it out. We have to select our fights. We can't take white collar criminals 
any more. We win 86 percent of our cases, but we have 5 percent less cases that we bring 
in than two years ago, probably the only district in the S tate where there 's a negative number, 
because we screen from pre-arrest who gets our valuable resources. Because in this State, 
we only spend 3.9% of the State budget on criminal justice prosecution, and the nationwide 
average is 6.2 percent. So, you are getting a tremendous bargain for your dollar in 
prosecution. 

But I found out that when my drug referral program called the "DONT" (Drug Offenders 
Need Treatment), when that ran out of money after two years, nobody wanted to pick it 
up. And we end up with a success of only about two people out of sixty-two (62) who 
have graduated who have backslid. The city says it's the county's responsibility, the county 
says it's the city's responsibility, and excellent program, successful, I'd like it to be the 
model for the State. We have acouple of years 'worth of statistics, every kind of computation 
you could want, and I cannot get $40,000 from my city and county. I've got lay groups 
who have offered challenge grants of $60,000 if I can pick up $40,000. So if I could 
get something out of you all here, it would be a measly $40,000. Look at it and see for 
a couple of years, does this thing work? If it does work for a fraction of the cost of sending 
somebody to prison, you can keep them from going to prison. 

So I think that prevention in the area of drugs is about the only thing that's going to 
save us. We run investigative grand jury for drugs that Don Jacobs showed me how to 
set up. Last week we took it back to Columbia, South America. I did a parallel grand 
jury with the federalpeople;federalD. A., State grand jury, federal grandjury,greatcomplex, 
took up half my time, turned me gray. We got a guy that started it all who can bring in 
1,000 kilogram deals, and there are 100 or 1,000 of them down there in Florida. And 
I don't have the resources or the grand jury or the police officers to fight it every single 
inch of the way. 

We need some other weapons. Diversion and treatment, I think are good for some people, 
not for the supply side, but for the demand side, and I urge you in this Session to look 
at that. I happen to be from, it seems like, a very violent town. In the last twenty (20) 
months we have had three Winston-Salem police officers killed. Two of them, of the 
perpetrators, one of them we had prosecuted for assault on a law enforcement officer for 
shooting a shotgun at a police officer in chase. We convicted him, got him the max, he 
was out in ten months on a ten-year sentence, killed Officer Beane. Officer Buitrago, just 
went to his funeral, seemed like a month ago. I've just about quit crying. He was about 
a twenty-two-/twenty three-year-old young man, first week on the force by himself on 
the street. He attempts to foil an armed robbery in process, without a gun, and is shot 
and killed by someone who has spent literally three times more years in State prison than 
he has in freedom since he was born. And he was again let out in a mere fraction of his 
sentencefrom his lastfelony conviction. The Governor talks about" three strikes and you're 
out," That's great, I'd like "one strike and you're out." 

And calendaring, I'll have to second what H. P. said, that you can't set up a straw man, 
tie my hands, put a blindfold around my eyes, shackle my feet, gag me, make me into 
a dummy and a straw man so you could knock me down, you can take the calendar power 
away from us. That's ridiculous. I came in from twenty (20) years of private practice. 
They had no computer system that I would even consider having in the first office twenty 
(20) years ago. I had to go to a private corporation and get a grant to buy a computer 
system for $15,000 because there was no docket control system for 4,000 felony cases 
a year. We've now loaded that, have a grant, like to network with the police and the sheriff 
and the jail so we can move the jail cases more readily because they cost $80 a day to 
keep in jail, so we need to move those cases, and get no support from the Legislature, 
from AOC in streamlining and modernizing our office. If a couple of my young men 
assistants here who are sitting up there, three of them, if they couldn't personally type after 
5:30 when the secretaries leave, we couldn't answer our pretrial motions and do our 



1994] SENATE JOURNAL 269 

discovery. We don't have enough secretaries. We don't have enough typewriters to type 
on. We don't have the PIN machine in the office. I can go on for the rest of the Session 
and tell you what I don't have. It is amazing that we can even do as well as we do with 
the resources that we have. I've tried every trick that I've learned from the professional 
district attorneys. 

I've only been in office three years, and as Judge Freeman said, my job was so bad nobody 
in Forsyth County wanted to file against me yesterday. It's almost an impossible task. 
We squeezed the lemon, squeezed it. We prescreen cases. Prior to arrest I have a D.A. 
trying to hone in on the good cases so we can use our limited resources. Yet I handle 
forty (40) murder cases a year, seventy (70) weeks of court, it takes two to three weeks 
for murder cases. That's eighty (80) to one hundred twenty ( 1 20) weeks of court, got seventy 
(70) weeks, and I got four thousand (4,000) other felony cases. A thousand bad guys and 
enough resources to try one hundred (100) people a year. Give me some help! 

SENATOR BASNIGHT: ... (inaudible) "one strike and you're out" would you be safe?... 
(inaudible) 

DISTRICT ATTORNEY KEITH: No, a violent felon— you know we've come a long 
way in psychology and testing — and we can look at somebody either in court or in prison 
and they'll tell you in prison that there are some people that they'll never let out, and that 
it is not twenty (20) years for first degree murder and you're on parole, it is 183.13 months. 
And if it's second degree murder, and of those forty (40) murders, I only tried seven (7), 
so the other thirty-three (33) probably get a second, and they're probably first degree mur- 
ders — he gets a whopping 88 months before he gets out and kills again. I mean, you just 
turn them out. 

SENATOR BASNIGHT: ... (inaudible) read in the newspaper an article that said ...(inaudi- 
ble) is that true that after twenty (20) years or twenty-five (25). ..(inaudible) 
DISTRICT ATTORNEY KEITH: Well, the man that killed Officer Buitrago was about 
my age. And he's still out there rampaging. Those people, I think, are the 100 per 100,000 
who are just going to pillage, no matter what you do. 

SENATOR WINNER OF BUNCOMBE: Mr. President, I've got a couple of questions 
to any, or all of these gentlemen. And they're nuts and bolts kind of questions. These 
were a couple of suggestions made to me to try to do down here by my D.A. on efficiency- 
type things. And they're small items. One of them is bigger than the other, but I'd just 
like to see whether you all concur with him or whether you think it's a waste of time, 
or a bad thing to do. The first one, is a more important one. He thinks that it's a waste 
of time to have the habitual felony charge as a separate crime, and has asked me to figure 
out a way to put it in as a punishment enhancement so that you don't have to go through 
a second jury trial to have the jury determine that they are a habitual felon. That's the 
first thing. 

And second one is that he in deferred-prosecution type misdemeanor things that you're 
going to defer prosecution, he tells me he thinks it would be helpful to put back in the 
law what used to be called the nol pros with leave, a dismissal with leave for the D.A. 
to put it back on, so that it can be dismissed originally at the time of the deferred prosecution, 
not have to drag it back into court, and then if they don't perform what they're supposed 
to, then to undismiss it and put it on. And I would like to see if any of you all have any 
comment about either of those things. 

REMARKS BY THE HONORABLE DAVID WATERS 

District Attorney 

District 9 

Well, let me say that I think that in terms of the habitual felon, that it certainly would 
expedite things in the way that we're going with structured sentencing and that procedure 



270 SENATE JOURNAL [Extraordinary Session 

I don't see where it would be very difficult to set up that sort of arrangement. It is really 
just sort of cumbersome to try to get jurors to deal with habitual felon issues now that 
we can pretty well establish by a person's fingerprints and the records that we now keep 
that they are in fact people that were convicted of these crimes. With regard to the nol 
pros, I was a D.A. years and years ago where we had the nol pros with leave, and that's 
a very useful little tool. Everybody thinks that prosecutors always want to come in and 
slay some dragon. There are many times in which the just thing to do is to dismiss a case. 
And there are times when you don't really know whether you ought to just dismiss it or 
whether you ought to do something else, and that situation where you could take a dismissal 
with leave might fill in the gap. So I would suggest that that would be a wise move to 
make, is to restore that for those purposes. 

If I could go ahead and make my comments. Well, maybe I should have identified 
myself — I'm David Waters. I live in Oxford, North Carolina. I'm the District Attorney 
forthe9thDistrict,whichincludesVance,Granville, Franklin, Warren, and Person Co unties. 
I attended the great University of this State of North Carolina, and shortly thereafter in 
1975, became an Assistant D.A. I've been the elected D.A. since January of 1979, and 
have served the citizens of my District since that occasion. I believe I represent in some 
form or another three of the Senators who are here today. While I attended the University 
of North Carolina, I campaigned for an Easter Seal volunteer to become Mayor of Chapel 
Hill, Senator Lee. And I've been interested in politics and issues involving government 
since I was at the University. 

My son called me this morning to read me his paper that he wrote on the word, "virtue" 
in Philosophy 41. And I mention that because I've been elected to represent the State 
in the administration of justice. Justice is not an empty or vain words. And to serve the 
ends of justice, I submit, is a noble cause. After all, when I stood up this morning to "pledge 
allegiance to the flag of the United States of America, to the republic for which it stands, 
one nation, under God, indivisible, with liberty and justice for all" those are the two words, 
liberty and justice, that we have pledged to every citizen of this country. We've secured 
the blessings of liberty, and I submit to you that justice is also a real word, a word with 
meaning. If you don't believe me, you can ask Mrs. MedgarEvers, who waited thirty-one 
(31) years to get justice. I wonder what Patrick Henry, the great spokesman for liberty, 
would say about our state of justice now. Might he say something to the effect that even 
though we have eyes, we pretend not to see. Even though we have ears, we pretend not 
to hear. That we could rest supinely upon our backs and do nothing and hope the problem 
would go away. 

I've gone to court a number of years and I've tried a number of individuals for very 
heinous and atrocious crimes. I've also gone to court many, many times and represented 
homeowners and merchants whose homes or businesses have been broken into. And I've 
gone through the procedures many, many times over and over of obtaining from them what 
restitution might be owed to them as victims of crime, and put that as a part of the judgment. 
But restitution is routinely ignored. And as I go back into the stores of many merchants, 
they look at me with their saddened faces, knowing that they not only didn ' t get restitution, 
they didn't get justice. Because the people who have broken into their stores and broken 
into their homes are right back in their community. 

I venture to say that crime also could enslave us. If you don't believe that modern society 
can be enslaved by crime, look at the state of the nation of Columbia, where judges and 
prosecutors and police officers and other officials are routinely executed. And the same 
kind of energy that drives the criminal in Columbia, South America — crack cocaine and 
cocaine — is also the scourge of the streets of this State. 

Now, when people cannot leave their homes because they 're afraid, when people cannot 
venture into the public streets at night, when people cannot go where they have a right 
to be because they are afraid, do we have liberty? And is that justice? Justice is an important 



1994] SENATE JOURNAL 271 

word, and I would hope that as you consider the various proposals that are before you, 
you will ask in the back of your mind, does this do justice? As I have mentioned to you, 
there are times in the doing of justice when I dismiss a case, even though it was a violation 
of the law. And that might be the situation in which prosecution serves no further useful 
purpose. To prosecute someone would in many ways contribute to an unjustice. 

I think the Governor and the D. A.s around this State have discussed the Governor 's crime 
proposals. I think he has considered many of the things that need to be done. I, as a 
District Attorney, would encourage you to carefully consider his proposals, and to consider 
what you can do for the citizens of this State who have made our State great. There are 
now States that, of course, can be concerned and are co ncernedabouteconomicdevelopment 
because the crime problem has gotten to be so great. We don't want to have those kinds 
of problems in this State, and we can have the kind of State that we had when I first began 
as a prosecutor, when instead of being 1 6th in terms of violent crime, we were 40th. Thank 
you. 

SENATOR BASNIGHT: Thank you, David. 

Donald, how about telling us just what we should do. Let's cut through all of this and 
tell us some of the things we should do. 

REMARKS BY THE HONORABLE DONALD JACOBS 

District Attorney 

District 8 

It's a very complex problem and I can address that as a technician and as fast as I can, 
I will do that. The one thing that I see out there, and I got blinders in this respect because 
I had the problem in my District and I had to address it 20 some years ago, and I've worked 
it and I find that if I keep applying the same formula, I think I cut down on my burglaries, 
I think I cut down on my robberies, I think I cut down on my homicides, I think I control 
my overall docket and it's predicated on the statistics being generated from drugs, crime, 
and the justice system, December of 1992, the last FBI statistics about how cocaine and 
heroin are the drug problem fuel, or as the gasoline driving a lot of the crime on the street. 
And what I've tried to do is to address that problem and dedicated some resources into 
my office to attack that problem. 

Now I applaud all of the initiatives that the Governor 's crime package, I am sincere about 
that. I think a lot of those ideas are good ideas. I see one thing that I think is missing. 
I notice there is balance in trying to help people keep them straight. There is balance in 
trying to attack the guy who is in prison, but I don't see any balance in trying to attack 
the high-level generator of crime on the street — the one that if I can attack him, if I can 
put him in prison, I may affect fifty (50) or sixty (60) break-ins on the street, and that 
is the drug pusher who is in it entirely for greed, entirely for money, and he's got a lot 
of resources and a lot of insulation. And my problem is I have to penetrate that insulation 
that he set up in order to attack him. 

And Tom Keith alluded to it in your investigative grand jury. You've given us some 
marvelous tools, but they're not being used as well as I think they could be used. Your 
FBI have very dedicated officers, the ones I come in contact with are very highly trained, 
are good officers, they know how to work their cases, but they don't have the time, they 
don't have the energy, and I'm talking about cases that consume a mammoth amount of 
man hours, but are productive in what is happening on the street. 

Now — proposal — for that one thing, I think you could look into strategically locating 
task force in this State to legitimately attack those people and those people only. They 
may be located in a cooperating District Attorney's office to be supervised, but that is their 
charge. We had a grant where the Conference of District Attorneys could use a drug 



272 SENATE JOURNAL [Extraordinary Session 

prosecutor to run the grand jury that you gave us. And that grant is gone. So I had one, 
I'd worked it for about three years. I'm like Tom. Tom said he's gone further than I have. 
He's gone to Columbia; but I'm down there at Mexico; I'm at Tucson, Arizona; I'm out 
west, and I'm attacking high-level cocaine deals, high-level marijuana deals, people who 
have been in the criminal field for years, and their parents was in it. And it's a business 
with them, and they generate high dollars, I mean, they generate high dollars. I can show 
you some figures that they kept records and how millions and millions and millions of 
dollars have been generated. I think you could strategically locate resources across this 
State to attack those people and you would have some appreciable effect on the street. 

If you cut off the supply, you keep the balance there. Your initiative, seems to me like, 
is dealing with the guy who's addicted. You don't want him to break and enter, well, take 
the supplier away from him, too. 

SENATOR B ASNIGHT: So your Number 1 recommendation in this Session of this Gener- 
al Assembly would be to attack the supplier. 

DISTRICT ATTORNEY KEITH: I think balance. No, I like the overall balance. I'm 
saying, with a very little bit more money, I think you could strategically locate task force. 
Tom has got one operating right now, and I know it's very good. I mean, they've made — he 
has to Id me of some things thatthey'vedone that boggles my mind, as far as computerization 
of that type of work. But what I'm telling you is that is the type of work that need not 
be neglected in this State, and I'm afraid we're overlooking that. 

SENATOR BASNIGHT: Some good stuff. — Carl. 



REMARKS BY THE HONORABLE CARL R. FOX 

District Attorney 

District 15-B 

I like to be pretty specific, and I'm going to be pretty specific on some of these things. 
I think that I've read Mike Easley's proposal with regard to reorganization of the courts. 
I support that. I think you would free up a lot of our time to prosecute violent criminals 
if you would shift some of these things such as infractions and minor violations to 
magistrates court, if you would make it so that we could take guilty pleas and Class H 
and below felonies in District Court, and thereby dedicate more resources to the Superior 
Courts for the prosecution of violent criminals. 

One of the things that we spend a lot of time on is, I spend a lot of time on in our office, 
is probable cause hearings. I think that probable cause hearings were well intended, but 
I think that we would be more in line with what was intended for them if you restricted 
probable cause hearings and required them only for people who are incarcerated. I think 
that right now we spend a lot of time doing probable cause hearings for people where the 
people have confessed to the crime that really wastes a lot of time, court time, and time 
of personnel in the office to conduct those hearings, and I think that if you changed that, 
it would free up personnel in D.A.'s offices. 

I think that one of the things that I looked at, I looked at the Attorney General's statistics 
on violent crime, particularly as to murder and robbery over the last three years that was 
reported in '90, '91, '92. And what I found was that what you were saying tends to be 
true about people aging out. That among murderers, the murder rate dropped drastically 
once people reached age fifty. People involved from age fifty to age seventy-five plus 
represented only 5 percent of murderers in 1990 and '91, and only 3 percent of murders 
in 1992. Among rapists, they — thatsamegroup — represented 1.8 percentof rapists in 1990, 
1.4 percent in 1991, and 1.7 percent in 1992. 



1994] SENATE JOURNAL 273 

Whatl'm saying, in a nutshell, is that if somewhere between this "three strikes" proposal, 
you put a "two strike" proposal so those people could, say, receive a twenty-year minimum 
sentence without parole, I don't think you'd ever see or need that third strike. I think that 
you'd age a lot of these people out by having them sit in there and do that 20-year time, 
and thereby eliminate the necessity for another victim to have to be victimized before those 
people end up with a sentence which would keep them there for the rest of their lives. 

I think there's a lot that could be done with regard to forfeiture. We have currently, 
if money that's seized pursuant to drug raids can 't be linked transactionally or procedurally 
with the drugs, then a lot of times the judges have to order that those funds be returned 
to drug dealers. I would propose that you legislate that if drug monies or proceeds are 
found within proximity, that is, on the person, in the car, in the home of a person where 
drugs are found, then those can be forfeited and should be forfeited with regard to that. 

I think that if you — I think that one of the things that you could do is to provide that 
you can revoke the registration or the license of someone who is themselves involved in 
certain kinds of crime, or particularly drug offenses, or revoke, say, the registration plate 
of a vehicle involved in break-ins, larcenies, and other violent crimes. I think that you 
could increase the liability of parents for their children's actions. Currently that figure is 
pretty low, and I think that there really shouldn't be a limit. One of the things that's a 
problem for me is how parents can absolve themselves of any liability for their children. 
Maybe if we held them more responsible, then they would see that their children are home 
when they're supposed to be home and doing the kinds of things they should be doing. 

I think that we shouldn't allow ownership of guns by convicted felons under any 
circumstance. I don't think that after they've been discharged, they have been released 
or anything, I think that's something they forfeit for being convicted of a felony, and that's 
the way it should simply be. 

I think that with regard to weapons, and this is probably going to be controversial, maybe 
something you 're not going to take up at this time, but I think you should seriously consider 
outlawing assault weapons. I think you should seriously consider outlawing weapons that 
are designed to be easily concealed, such as that Derringer that ended up in the jail just 
the other day, I believe it was here in Wake County. There's no reason to have clips and 
drums which can hold capacities greater than fifteen (15) shots. I read recently of a gun 
that was for sale in the News and Observer that held seventy-five (75) rounds in one clip, 
and forty (40) in two other clips it was being sold with. I've seen shotguns that hold 
twenty-four (24) shotgun shells at a time. Those things are designed strictly to kill people 
in large numbers, and there's no reason for any normal person to have them in their 
possession. 

I think you should consider requiring permits for people who want to buy the kind of 
ammunition that is extremely dangerous, like talon rounds that injure physicians when they 
operate on people, and glazer safety slugs, and the cop-killer rounds which have been 
available on the market. 

I think that you should consider making it illegal, for instance, to possess a firearm even 
off your own premises if you ' ve been consuming alcohol or intoxicated. I just had recently 
a young college student who was shot to death by a round in a room over at the Chi Psi 
lodge in Chapel Hill and apparently both those young men were drinking at the time and 
that young man is dead. That doesn't fall within the purview of the city codes, as we 
have them. 

There's, I think the cities are trying to do, and the municipalities are trying to do a lot 
about this problem, but I think that some of this has to come from this area. And I think 
that you would also well serve the public if you made it so it was mandatory and that 
we could prosecute 14- and 15-year-old violent offenders who commit crimes such as 
murder and rape in the Superior Court. I think that the statistics show that those people 



274 SENATE JOURNAL [Extraordinary Session 

are becoming involved. Young people are becoming involved in this kind of crime earlier, 
and I think simply the public is outraged by the fact that these kids can be released earlier. 

That aside, now let me say this. I don't think that there — this is a war against crime, 
literally speaking. I don't think that all the things we can do, reactive to this, are going 
to accomplish very much unless we seriously examine the kinds of things that are being 
utilized in the communities across this State and across this country to try to combat this 
kind of thing. I think that part of the answer will lie in the ability of this State to provide 
the resources for good programs that are working to try to prevent young people, particularly 
from ending up in the prisons of this State, will serve us and save us millions and millions, 
if not billions of dollars over the years. 

I think our key on down the road should be to look at crime in the sense of how can 
we reduce the input? No one in this State that I know of wants to be the victim of a crime. 
And all that we do after they have been a victim of a crime doesn't do very much. The 
question is how can we prevent it, and I think that we should spend what we can, as far 
as our time goes, to study programs that have worked in other areas and see if we can't 
duplicate those across the State and make them work across the entire State to reduce crime. 

SENATOR BASNIGHT: Thank you, Carl. Peter— 

REMARKS BY THE HONORABLE PETER S. GILCHRIST III 

District Attorney 

District 26 

Thank you, my name is Peter Gilchrist. I'm from Mecklenburg County. We're spending 
an awful lot of money operating some very expensive systems — law enforcement, our 
courts, and our corrections. And it's amazing how very little we know about what we're 
doing. We don't have basic management and operational information. At the present we 
don't have the information for operating a DA. 's office, information for operating courts, 
information for operating prisons. We don't have management information. We don't 
have information that provides the legislative bodies such as you the ability to make good 
policy decisions. 

At the present time, this Legislature is funding, and we're paying for a variety of State 
information systems. These are expensive to operate, they don't share data with each other, 
and they don't even provide the data that laws that have been passed mandate must be 
given to other State officials to make criminal justice decisions. Magistrates and judges 
are not able to get information to set bonds. Do you know that a magistrate doesn't even 
have access to a computer terminal that provides him with criminal history information 
from the DO (the Department of Criminal Information)? Do you know that District 
Attorney 's offices are not provided with terminals to allow them to have access to the SBI's 
criminal history information? Judges do not have access to those terminals. Probation 
officers are not given information that they need to set levels of supervision. Parole — I 
don't know whether the parole officers can get it, but I don't think they do it on a regular 
basis, get adequate information on histories of folks that they're making parole decisions 
on. 

Structured sentencing is going to go into effect in January of next year, but we've got 
a lot of people who 're in prison at this time who are going to be there, and are going to 
be subject to parole decisions for a long time to come, and that information is necessary. 
Do you know that we do not routinely provide police officers and police departments with 
the results of the arrests which they make from court data? Jails are not tied into the court 
system. The sheriff is not provided information on when they must have a prisoner in 
the courtroom. The same is true for prisoners in the Department of Corrections. That's 
a State court information. The court system is run by the State, the prison system is run 
by the State, and those systems are not even tied together so that folks in the DOC don't 
automatically know when a prisoner is needed in a court in another county. 



1994] SENATE JOURNAL 275 

The list keeps going on and on, but I hope maybe you're beginning to get the impact 
of a serious defect. State money, now that's State money is being used to pay for three 
major criminal justice computer and information systems, the three big ones, and it's also 
being made to pay for a number of smaller systems. The DCI (the Division of Criminal 
Information) is operated by the North Carolina Department of Justice. Now that system 
collects information on crimes that are reported, and it also collects information on people 
who are arrested based on fingerprint information. These are sent in by the sheriffs and 
the local jail as people are booked in. 

The Administrative Office of the Courts operates a separate court system that keeps track 
of court cases and defendants. The DOC (Department of Corrections) has its own system, 
independent, that collects information on people who are on probation, people who are 
actively locked up in prison, and people who are on parole. These systems were neither 
built nor designed to use common technology standards. They don't use common data 
definitions. One of the major systems, the one on AOC, is not fingerprint based. This 
means it's extremely difficult to transfer basic information from one of these to the other. 
And even worse, if that's not bad enough, these various agencies have policies that much 
of the data that is viewed as their data is owned by them and they don't share it or make 
it available to other governmental agencies. They don't give it to local police, they don't 
give it to sheriffs, and even worse, they don't even give it to State employees. 

I, as the District Attorney, cannot get access to the DOC system. If I want to find out 
who is on probation or parole, I've got to walk over to the probation office and ask them 
to run me an inquiry so I can find out who's in. We are sentencing people, we're going 
into court and sentencing people when the State DOC system has one bit of information, 
shows one set of corrections, and the SBI system shows another, and they don't agree with 
each other. You're paying for all three of them. 

Now, the Legislature has the authority, and I suggest to you, very respectfully, the 
authority to make sure that information is shared among these systems and made available 
to State officials who by law have the responsibility to either set bail or to sentence folks. 
And it seems to me that if this information reposes in State systems, that unless there's 
some specific reason or law that it should not be shared, the presumption should be that 
it should be available to those people who have a need for it to make proper decisions. 
I think this is particularly timely for you, because we ' ve got these three systems, and every 
single one of them is in the process and they're making requests to you to either upgrade 
or to rewrite those systems. 

The DOC system is being done right now. The AOC system is going to have to be 
done very shortly, and DCI, in order to comply with new federal standards, is going to 
have to be reworked. We've got a window of opportunity, when they're going to come 
over here, these three groups are going to come to you and say how about giving us money 
to pay for our system? And I would respectfully request that when they come over that 
you say, "Gentlemen, ladies, we want you to use a common technology in your systems. 
We want you to define your data in a way that it can be read so that folks in the DOC 
who are making parole decisions can look at what the SBI has got. The folks in the court 
system can know what people in prison are doing, and the arrest records, and that we share 
this stuff among ourselves. We couldn't be running a more expensive process, and it's 
almost as if we had intentionally stuck our finger in our own eye to keep us from looking 
at data that we need to make these decisions. 

Now, that doesn't even contemplate — that's operational decision and management 
decision. When you start going to the policy level decisions that need to be made by 
legislative bodies and other commissions, wecan'tcomeclosetoextractingtheinformation 
that's necessary there. And I just think this is the place we need to start. 



276 SENATE JOURNAL [Extraordinary Session 

SENATOR DANIEL: Peter, that rings something I've heard before in working with 
the health care folks. One of the first things we found with the crisis in health care is 
we had such a poor data system, the North Carolina medical data system here, that before 
we could even get to the root of the problem, we had to have good information to base 
good decision on. That's one thing I think I heard across the board there, that that is one 
particulartoolthatlawenforcement,judicialofficials,probation,magistrates,andcoiTections 
need to be able to do the job. Is that what I'm hearing? 

DISTRICT ATTORNEY GILCHRIST: Well, I think we started off with the criminal 
histories. That's so obvious it doesn't even — I mean, it just seems like there should be 
no argument there. But it really goes far beyond that. It goes into setting prosecution 
priorities, you need to be able to look at your case, what your pending inventories are. 
When I turn on a television set and I see a man, a curmudgeon, walk up to his secretary 
and ask her where a package is, and she can look up on her terminal and tell him, and 
yet I can't do the same thing on a terminal and find a man charged with murder in my 
own system and find where the case is along the process and we're keeping him in a local 
jail at $40 a day, or in the Department of Corrections — 

SENATOR BASNIGHT: ...(inaudible) Department of Corrections work with you fellows 
and try to get it all together? 

DISTRICT ATTORNEY GILCHRIST: These things have grown up over a period of 
years and each agency, in my opinion, has been looking at its own problems. 
SENATOR BASNIGHT: Well, let's work on that. I believe everyone... 

SENATOR CONDER: I have two questions. Number one. How much does a PIN ma- 
chine cost? 
DISTRICT ATTORNEY HIPPS: About $236 a month. 

SENATOR CONDER: With thirty-nine (39) D.A.s in the State, I can't imagine you folks 
not having a PIN machine at your fingertips. That bothers me. 

DISTRICT ATTORNEY HIPPS: I can't imagine it either. And worse than that is to 
have to go somewhere to a Sheriff's Department and beg them to run — 
SENATOR CONDER: That's intolerable. I'd like to ask Mr. Fox. Mr. Fox, you had 
a lot of good relevant comments and questions. One in particular that's a real pet peeve 
of mine, and that is the point you were talking about parents assuming the responsibility 
for their own children. I asked staff to draft me a law to that effect, I'm a non-lawyer, 
and they tell me it's already the law. Now help me draft a law to do that and it be in 
the hopper between now and Thursday, if you'll help me do that, I would really appreciate 
that. Can you help me with that, Mr. Fox? 
DISTRICT ATTORNEY FOX: I certainly will try and that's for sure!! 

SENATOR WINNER OF BUNCOMBE: I want to ask Mr. Fox a question, if I may, 
because he said something that my District Attorney told me the exact opposite. Maybe 
some of the rest of you all can — you stated that you thought that Mr. Easley's suggestion 
about moving infractions to magistrate, the magistrate court was going to save you, your 
office, time, my D.A. tells me it's going to cost him an extra Assistant D.A. because he's 
going to have to have somebody to man the magistrate courts in addition to the District 
Courts where they now are. 

DISTRICT ATTORNEY FOX: No, when I said that, my intention was that there was 
not going to be an Assistant D. A. down in Magistrate's Court. I think that in the system 
in Virginia, and I believe in South Carolina, they don't use Assistant District Attorneys 
in those courts. They have magistrates sit there and hear the cases and then an officer 
appears and testifies and the person has an opportunity to hear the case. There is no Assistant 
District Attorney tied up in those proceedings, and it only rises to the level of Assistant 
District Attorney being involved in the case when those cases are on up the ladder, and 
more serious violations. 



1994] SENATE JOURNAL 277 

SENATOR WINNER OF BUNCOMBE: I can tell that you weren't around here to 
try cases in front of old J. P. Courts. 

SENATOR DANIEL: Mr. Jacobs, I'm very interested in what you had to say about this 
task force that you said Tom Keith has a model system that using resources in that sense 
could go a long way toward getting to the supply side of the drug dealers. 
DISTRICT ATTORNEY JACOBS: Yes, sir.. 

SENATOR DANIEL: Could you be a little, do you have some similar program, or do 
we need to look at Tom Keith's? 

DISTRICT ATTORNEY JACOBS: Yes. Well, I have a similar program, but there are, 
as I know, three districts in this State that have worked operating grand juries, and what 
I would envision is that there are not many areas in the State that need them. Because 
the law of conspiracy is such that once you have located, you can go reach out, like fingers 
all over, but I see it that we do need something like that strategically located and the funds 
need to be there to computerize it. Tom Keith, he tells me that he had a computer fellow — he 
can tell you more about this than I can — but what he's reported to me, a Forsyth police 
officer can computerize the methods that we're using, developed over a number, a number 
of years, and it just sounds marvelous. And it takes — it's very labor intensive — but my 
experience has been, it is productive. I mean, I've run three grand juries three years and 
generated over one hundred ( 1 00) defendants and at the point now that multi-million dollar 
people with hundreds of thousands of forfeitures. While I do not consider that to be a 
waste of my time. At one time I had one forfeiture over my career in excess of $500,000. 
Built a portion of a high school in Wayne County that I was very thankful to see go up. 
But what I'm saying to you is, when you attack that level of the drugs, you're controlling 
the street, too, because there's a down flow. These people need to get off drugs, they need 
to be rehabilitated. You need to help those, but you also need to try and keep the drugs 
away from them. 

SENATOR DANIEL: Tom, could you speak to that a little bit? 
DISTRICT ATTORNEY KEITH: We got a grant from the Governor 's Crime Commis- 
sion to buy some equipment and one of the things was a laptop, and of course we didn't 
get enough money to do the programming, so we went to the City and they had a fellow 
named Riley Spoon, who was a sergeant and a computer genius and also a cop. And he 
built a program which we had looked at the SBI's and found it wanting. We talked to 
Ed Grannis and Mr. Jacobs, and had seen what they had done. And I didn't have the time 
that they had put into their grand juries . And I s aid, it's gotta be something different, because 
in private practice, when I had a problem, I just threw money at it. I mean, I'd go buy 
a toy and I'd fix it. And in civil law, you just put all your depositions in a diskette, put 
in in your laptop, and I'm old and forgetful and if I can't remember, I'll put in a keyword, 
universal search — dope, Joe Jones, kilo — and anywhere in 100,000 pages of depositions 
of grand jury testimony or investigative reports, it appears on my screen. And then I put 
in 40,000 telephone numbers that we've gotten, by hand, because the telephone companies 
will not give them to us in data entry form, which they could, which you would just shuck 
in. So you've gotta pay $25,000 to a secretary to type 40,000 numbers in there. And 
I say, I don't know who my drug dealers are, old computer, here's four folks. Here's their 
numbers. See if they're calling a common phone number and the computer in about a 
milli-second goes "Whappo." This guy was called one hundred (100) times by each four 
of these jerks this month. Then we go subpoena his bank records, start looking at him, 
and we are running. I got to come in after Don Jacobs spent twenty (20) years learning 
how to investigate these people. I came in from private practice where I had assets. The 
State never gave Don any. And that's a great idea, but it costs money, and there's no support, 
you know, if we can't get a DCI machine, golly, no, we can't get — 

SENATOR DANIEL: Any idea approximately how much money? 
DISTRICT ATTORNEY KEITH: Oh, a laptop's cheap, 2,500 bucks. 



278 SENATE JOURNAL [Extraordinary Session 

SENATOR BALLANCE: Thank you, Mr. President. David Waters, thank you for using 
the word justice that rings loud in this room, and I think a comment from Mr. President, 
and then a question, the DART Program, I believe, the gentleman from Winston-Salem, 
Mr. Keith said "two out of how many? 

DISTRICT ATTORNEY KEITH: Sixty-some who have graduated and we still have 
probably another sixty (60) working. 
SENATOR BALLANCE: Only two went back to crime? 

DISTRICT ATTORNEY KEITH: Well, actually, one was kinda hanging around, loiter- 
ing, getting ready to sell drugs. The other one did sell drugs. 

SENATOR BALLANCE: David Waters, don't you need one of these programs over in 
your District? 

DISTRICT ATTORNEY WATERS: Well, Frank, I think we need anything that we can 
do to help people away from drugs. My eyes have been opened in the last few years about 
crack cocaine. I know when I went to a seminar years ago and people came in from out 
of state and said crack cocaine is going to be a real problem. We didn't have any idea 
what kind of problem it was going to be. There are people that crack cocaine impoverishes 
their lives. They spend everything that they can muster to buy crack cocaine, and then 
they start picking on family members for money to try to help them pay for crack cocaine 
and the addiction that's associated with it. And where family members resist, I know for 
instance I have aman in j ail in Gran villeCounty who 's assaulted and attacked his grandfather 
very viciously because he wouldn't give him the money to go buy cocaine. And it creates 
not only a problem of impoverishing the individual that's addicted, but it also, in situations 
where they feel they have the need for it, makes them very aggressive and very assaultive. 

SENATOR BALLANCE: Mr. President, can I just say this one thing? I just want to 
say this, Mr. Fox, we do have in the structured sentencing bill, what you suggested. That 
is, people do day-for-day for the crime I just want to mention that. 

SENATOR GULLEY: Thank you, Mr. President, I wanted to start off addressing this 
to Senator Hipps, District Attorney Hipps. And then invite other comment, as well. And 
itdeals with structured sentencing, the thing that Senator Ballance has mentioned. Because 
in your remarks, Mr. Hipps, you made mention of the revolving door, certainly a complaint 
all of us have heard, I think, from our constituents for a number of times . And as I understand 
the complaint, it's that no sooner is somebody picked up and brought in than either they're 
released or they 'resent — they 're serving less than 20percentonafelony, less than lOpercent 
on a misdemeanor, and they're back sooner, or they never leave because you fax papers 
back and they're back out on the streets again. 

Assuming that's what you meant by the revolving door problem, it's my understanding 
from our discussion last term that the structured sentencing bill was an effort to try and 
deal with that. I want to acknowledge at the outset that there's resources that all of you 
and all of us will need to implement that legislation, as you mentioned. Also, that's — I 
don't want to assume it's perfect legislation — there's some suggestions in this Special 
Session to revise it here and there, and we may well continue to do that. Assuming the 
framework of that legislation, which says there's going to be a minimum sentence, a 
maximum sentence, you won't do less than a minimum, and there'll be some truth in 
sentencing, and it's going to mean when you trip up into a level that you're going to prison, 
that you're going to go away for a reasonable period of time, you're going away for a 
significant period of time. And you can't for good behavior or anything else come out. 

That was never to speak to the problem of the revolving door, and I guess, I — at least, 
I was under the impression that it was a good effort to deal with that, so when folks will 
ask me now about the revolving door, I say let me tell you what we have done to try to 
deal with that problem. You know that that bill passed, and you know probably about 
that bill better than I do, and yet you're still coming to us today and saying the revolving 
door is a problem. I'm wondering if that is not gonna, at least in a fundamental way, attack 



1994] SENATE JOURNAL 279 

that problem, what more do we need to be doing to attack that problem that we're not 
doing now? And again I'd invite comments from everyone, thank you. 

SENATOR BASNIGHT: Are there any questions? ...(inaudible) we got some members 
wanting to get some in and we appreciate that. 

DISTRICT ATTORNEY HIPPS: On a quick basis, I believe the structured sentence 
bill, as originally proposed, was a good idea and I do not take issue with what you finally 
passed, because I recognize that people propose and the Legislature disposes. However, 
that bill doesn't go in effect until the future. Right now, I'm worried about the recent past, 
I'm worried about what's going to happen between now and the future. I do think that 
in short term, people are looking for safety, they're looking for some truth about sentencing. 
It's very hard for me to explain to victims what time means, and I think the structured 
sentencing bill will address that. 

Over the long run, though, the real problem in this State, as I see, is the recidivism 
problem. I am seeing, in the thirty (30) years, almost thirty (30) years I've been practicing 
law, I've seen three generations of families in the court system in the various jobs I've 
had over the years. I'm talking about generation after generation after generation. These 
are the same crowd, and their kinfolks, who are the ones doing a lot of this stuff. And, 
if you could figure out some way through the preventive efforts, through the intervention 
efforts, through whatever, or if it's the case of putting people into a prison for along period 
of time until they age out, as they talk about, and we do age out of a lot of things around 
fifty (50), by the way, then all these are solutions. 

But for right now, the biggest problem that people face, and by the way, people back 
home really haven'theard of structured sentencing yet, all they knowis that" Joe Six-Pack" 
went into jail last week and he's going to be out in ten to twelve days, or whatever, or 
on misdemeanors, maybe less than that — and they know that for a sentence that a month 
equals a day — all they know is they have been victimized and somebody's getting ready 
to do it to them again. And until we can put some stability into that system, until people 
feel safe in their homes and where they're working, etc ., then the rest of our fabric of society 
is, we don't even need to address. But overall, yes, I agree with all the efforts that are 
going on. Particularly the prevention efforts, first thing, but meantime we're facing the 
flop-flop-flop-flop-flop, because that's what's happening. 

SENATOR PLEXICO: Thank you. District Attorney Fox, you mentioned "two strikes" 
idea, I think you said, with parole, with twenty or twenty-five years. I'd like for you to 
amplify a little bit more on that if you would, and anyone else on the panel. But first, 
a specific question on that. When you talk about aging out, and we're talking also 14- 
and 15-year-olds being tried as adults for violent crimes, it's more likely in the future 
we're going to have younger people who theoretically age out. So I guess what I'm asking 
you, after that"second strike," and you ' ve got a violent offender, maybe the sexual, whatev- 
er, and they're in their forty's, do you really think they've aged out of that? If you could 
comment on that, and then just that "two strike" and parole provision, in general. 

DISTRICT ATTORNEY FOX: I just looked at just the data. Just the report of the 
Attorney General on crime statistics, and the numbers that I gave you as percentages, if 
you want numbers, were the numbers that I took directly out of that manual, out of that 
reportfrom the Attorney General of the crime statistics. And, basically, yes, whatl'm saying 
is that when people reach, I guess the age of around forty-nine, after that point, that those 
people were significantly less involved in the crime statistics than, say, the people much 
younger. In fact, the group that was most active in both those categories, were the youth 
between the ages of nineteen and about twenty-nine. That group between the ages of about 
nineteen and twenty-nine had in, not only in the murder statistics, but also in the rate statis- 
tics, the highest involvement of all the age spectrum. So, yes, what I'm saying is if you 
justlook atthe numbers, ifyoujustlookat the Attorney General's Report on Crime Statistics 
over the last several years, you will see glaringly that the people who are most involved 



280 SENATE JOURNAL [Extraordinary Session 

are in that younger age group and that they fall off significantly as they get in the age 
range of fifty, and if you age them out at that point, then you don't need to incarcerate 
them for the rest of their lives, is what I guess I'm saying. 

SENATOR KINCAID: Thank you, Mr. Chairman. I'd like to direct a question probably 
to Mr. Gilchrist, because I know him . Mr. Gilchrist, the Governor has stated in his numerous 
messages that we have problems and breakdowns in the courts, to a degree, and today we 
heard that Mike Edney, the County Commissioner from Henderson County, said the said 
thing, and I've heard it back in my District. Now, I'm a layman and obviously, I don't 
go to court. Hopefully I'll never have to go to court. But I keep hearing that we have 
a breakdown in the Courts, and I don't know whether to ask you guys this, or the Judges 
coming up next. I've heard people say maybe we need to start working forty hours a week 
in our courts, or something like that. As a layman asking you this question, and as a Senator, 
give us an example of one thing that we can do to correct the court system? 

DISTRICT ATTORNEY GILCHRIST: I'll go back, and I don't want to sound like 
a broken record, but the Courts are big business, just like law enforcement is big business, 
and just like corrections is big business. If you tried to run your business with the informa- 
tion that we have to run these various agencies, you'd be bankrupt. 
SENATOR KINCAID: So that would be your Number 1 item? 
DISTRICT ATTORNEY GILCHRIST: Well, I'm interested, I supervise, I am responsi- 
ble for thirty lawyers working for me. And I want to know how many cases they dispose 
of. I want to know what they do with them. I want to know what they're charged with. 
I want to know what they ultimately end up pleading guilty to. I want to know what their 
conviction rates are. And I want to know whether they're following policies that I set 
out. We need some way that we can measure productivity of people who work for us. 
We've got a system that was never designed to do that. Now, if you ran six 7-11 stores, 
you'd like to be able to know what the sales in each one of those were, you'd want to 
know what the sales are in the aggregate and what the expenses are to run these things. 
And they are similar problems. My lawyers carry inventories. I want to know who's got 
cases that have not been tried, that are old. I want to know who's got cases that are in 
jail that we need to be pushing along. The Legislature requires that we give preferential 
treatment to trying cases that have child sex assault victims. I need to be able to know 
that in order to operate, and that sort of information is not available. 

SENATOR BASNIGHT: Peter, we have to have that information. We've heard that loud 
and clear. Unless you've got a real trying question that has to be asked now, let's move 
along. 

SENATOR MARTIN OF PITT: I've got one question, and anybody on the panel, or 
all of you can answer it. Three parts. What percentage of your cases are related to drugs, 
other than alcohol? What percentage of your cases are related to alcohol? And of your 
total cases, what per cent would be related to drugs or alcohol? 
DISTRICT ATTORNEY GILCHRIST: The court doesn't collect that information. We 
had in our homicides, about slightly over fifty percent (50%) of the homicides in our county 
were directly related to drugs, according to the police reports. Alcohol, I don't know. 
SENATOR BASNIGHT: We're going to ask that one of our Select Committee, the ap- 
propriate one, as needed ...(inaudible). ...maybe all three have you back again for individual 
...(inaudible). ..and you can answer their questions. Thank you very, very much. 
SENATOR DANIEL: Mr. Pro Tern, can we go immediately into the Judges? 
SENATOR BASNIGHT: We're going to the Judges now. (conversation) 



1994] SENATE JOURNAL 28 1 

PANEL 

of 
JUDGES 

1. Judge Henry L. Stevens, III, is the Senior Resident Superior Court Judge 

for the 4th- A Judicial District (Kenansville) and is President of the 
North Carolina Conference of Superior Court Judges. 

2. Judge Robert H. Hobgood is the Senior Resident Superior Court Judge 

for the 9th Judicial District (Louisburg). 

3. Judge Robert L. Farmer is the Senior Resident Superior Court Judge 

for the 10th Judicial District (Wake County). 

4. Judge Thomas S. Watts is the Senior Resident Superior Court Judge for 

the 1st Judicial District (Elizabeth City). 

5. Judge Douglas W. Albright is the Senior Resident Superior Court Judge 

for the 18th Judicial District (Guilford County). 

6. Judge Thomas W. Ross is a Resident Superior Court Judge for the 18th 

Judicial District (Guilford County), and Chairman of the North Car- 
olina Sentencing and Policy Advisory Commission. 

7. Judge Jacqueline Morris-Goodson is the Chief District Court Judge for 

the 5th Judicial District (Wilmington). 

8. Judge E. Burt Aycock, Jr., is the Chief District Court Judge for the 3rd 

Judicial District (Greenville). 

SENATOR BASNIGHT: Will the Senators please have their seats. Our distinguished 
Judges from North Carolina across our State have said that if we don't get going, you're 
going to have to take them out to eat tonight. We might do it anyhow! Thank you so 
very much for coming . We ' v e had lively debate and some wonderful comments and propo s- 
als and recommendations up to now and just to sort of lay out our game plan a little bit, 
if you could hold your comments to a couple of minutes, or three minutes, I know that's 
difficult sometimes, but it will give us a chance to question you, and you answer in return. 
And that seems to give us a great deal of value, as you saw with the D.A.s earlier. But 
on behalf of this Body, we do, sincerely, thank you for being here. And Judge Stevens, 
you've probably been around a little bit longer than some of the other members, and if 
you don't mind, I'll start with you and let you speak to us, and as we go through, we 
might have some interruptions on questions, but we'll try to finish all the speakers first. 

REMARKS BY JUDGE HENRY L. STEVENS III 

Senior Resident Superior Court Judge 

Judicial District 4-A 

and 

President of the North Carolina Conference of Superior Court Judges 

Thank you, Mr. President, I haven't been around as long as some of these Judges — Judge 
Albright, Judge Ross, and some others here. But I've been here long enough I got sixteen 
or seventeen years of Superior Court business with twenty-six years of law before that 
is long enough for anybody. 

SENATOR BASNIGHT: ...good Judge from Dare County told me you'd been around 

...(inaudible) 

JUDGE STEVENS: Yeah, I know. You don't want to tell every damn thing you know! 

'Scuse me, Mr. President, (laughter) 

Mr. President, if you don't mind, I'm going to deviate for a moment, with the consent 
of this august Body itself. I want to leave the criminal justice system here alone for these 
other Judges, or some of them, for a moment, and what I would like to talk to you, with 
your permission, about for just a moment is the selection of alternative plans, if any, for 



282 SENATE JOURNAL [Extraordinary Session 

Superior Court judges. That is a problem that we now have that I'm sure that all of you 
are familiar with. That the federal courts have intervened, and we'll talk about that in a 
minute, and the time-honored tradition of the law of North Carolina of electing its Superior 
Court judges by state-wide election was declared unconstitutional on the District Court 
level, and now that they pass out judges by its edict of running in their own districts, be 
elected in their districts. Of course, I would like to just briefly, if you would, Mr. President 
and ladies and gentlemen, let me talk to you shortly about this. 

You know, I never could use one of these things [referring to microphone] in the 
courtroom, but I'm going to try here. 

First is that after the decision came down, United States District Judge ruled that 
state-wide election of Superior Court Judges were unconstitutional, I, as President of the 
Conference of Superior Court Judges, asked some of the judges to look into it from each 
of the four Judicial Divisions across North Carolina. And they did, the judges of the four 
Divisions by separate caucus met and they tried to attempt to choose an alternative plan 
for selection of Superior Court judges. However, their best efforts were in vain, ladies 
and gentlemen, as no consensus was reached. Indeed, I would say to you that it will take 
time, if ever, before consensus can be achieved as the subject matter here is so very, very 
complex and so very delicate, and the individual judges across the State are affected 
differently. Therefore, as I told you, these issues are now being litigated in the United 
States Courts here in this State. And I told you that the United States District Court where 
James Fox from Wilmington recently held that the North Carolina's time-honored method 
of state-wide elections of Superior Court judges is unconstitutional. 

Now, ladies and gentlemen, Mr. President, this is the first legal scrimmage, leaving battles 
to be waged, and the war of issues finally to be won or lost in the Supreme Court of the 
United States. Therefore, until this matter is finally laid to rest by the highest court in 
our land, I'm going to ask you now please, please think about it, what I have to say here, 
and your observations, and please do not lock yourselves in by approving any one plan 
before this Legislature of this General Assembly has first obtained public approval by vote 
of the people for a broad-based amendment that authorizes the General Assembly, you, 
the people that represent the folks of North Carolina, the General Assembly of North 
Carolina, achoiceofplansfrommultipleoptions,sufficientlyflexible to coveranyprovision 
incorporated in a proposed plan being considered by the Legislature. 

Now, such alternative option for selecting Superior Court judges must relate to methods, 
any method of election that could be conceived by anybody who would bring apian before 
you. In that way, the Legislature would have then have taken it to the people to put the 
power to do this where it ought to be, with the Legislature of North Carolina. So that 
you, upon looking at this matter, if the Court were to finally affirm Judge Fox, then at 
that time you would have to go to some alternate plan. Or you might want to consider 
doing it. But the Legislature needs the machinery to handle any plan that maybe come 
before it without having to keep going back to the people for a vote. 

Now, I would suggest to you that, in considering such apian for selecting Superior Court 
judges, must relate to the methods of election, ladies and gentlemen, and/or retention by 
judicial district, by division, by newly-created geographical areas and/or by gubernatorial 
or/and legislative appointment, or by combination of these possibilities. 

Now, such an undertaking will, in itself, be most difficult. It's going to be tedious, it's 
going to be time-consuming, and it must be appealing for acceptability by the electorate. 
In form and in substance and if it's not, ladies and gentlemen, it won't pass and then 
everything that you might have done before is going to be for naught. And therefore, 
it's going to be a tough job. It's going to be hard, but it can be done. I have absolute 
confidence that this august Body and its counterpart, the House of Representatives of the 
good State of North Carolina, could fashion such a bill and put the power to do anything, 
so far as selecting judges, in the Legislature where it ought to be in the first place. 



1994] SENATE JOURNAL 283 

Now, therefore, I respectfully suggest that you will not consider any change in the 
selection process of Superior Court judges during this Special Session. You were called 
here for other reasons and simply do not have time to devote to this issue. Time here 
is not of the essence because any alternate plan that might be selected would necessarily 
require a constitutional amendment before it can become law, so you're talking about out 
in November, anyway. Now, this is to say that any affirmative act of the Legislature in 
thisregard would be premature, or might be premature, or unnecessary. Ifthepresentruling 
of the United States District Court were overturned upon appeal in a higher Court, such 
an outcome would be consistent, Mr. President and ladies and gentlemen, with previous 
rulings of the court which heretofore held that these same issues were political in nature 
and inappropriate for court intervention. Therefore, if this matter has been political for 
the last hundred or so years, it may still be political, Mr. President, and in spite of possible 
changes in the mores. 

What I would like to say in closing here is that lasting remedies for betterment may 
not be determined, Mr. President and ladies and gentlemen, in haste nor for political 
expediency. By aquick-fix, or through a band-aid treatment, or promulgated at the expense 
of a frightened and disillusioned society. Please, whateveryoudo, do notpermit any person, 
any firm or organization, to goad you or pressure you into doing anything that you haven't 
looked into well, and I know you won't, that you may later regret. 

Now, I want to go on record as saying this, that these remarks that I've made, and I've 
cut my notes short, it's not all that I intended to say, but it's getting late and you have 
some other Judges that will be addressing subjects equally as important as this, and maybe 
more so. I want it well understood here that these remarks that I make, I do not make 
as the Presidentof the NorthCarolina Conference of SuperiorCourt Judges. These remarks 
are made by me as a concerned Superior Court — rotating Regular Superior Court Judge. 
Now, I will reach the age of mandatory retirement at the end of this year, and therefore 
have no personal ax to grind in this respect. This Body, with the House of Representatives, 
upon my application to some of my good friends here, almost unanimously in both Bodies, 
enacted a law which mandated that all judges would retire at age seventy-two. In doing 
so, you gave me two years, otherwise I would have been gone last year at age seventy. 
Thank you so very much. [EXHIBIT E] 

SENATOR BASNIGHT: We look forward to getting you back, Judge. Judge Hobgood, 
let's sort of, sort of combine ...(inaudible). ..members request that you speak to the subject 
that we're going to be addressing in this Session, so if you can — 

REMARKS BY THE HONORABLE ROBERT H. HOBGOOD 

Senior Resident Superior Court Judge 

Judicial District 9 

Yes sir, Mr. President. Can you have someone hand out this to each members present. 
[EXHIBIT F] Thank you, very much. Mr. President, Members of the Senate, I do thank 
you for allowing the judges to come here and speak to you. I will try to get right to the 
point. As you will recall, you created seven new Resident Superior Court Judgeships to 
be effective November of 1993. All of these judgeships are being delayed because they 
have not been pre-cleared by the Voting Rights Section of the United States Department 
of Justice. What can you do to speed up the decision-making process of the Voting Rights 
Section of the United States Department of Justice? Absolutely nothing. What can you 
do to provide the Courts of North Carolina with an adequate of Superior Court Judges 
in the interim? 

If you'lllookatthisResolution, this was aResolutionpassed unanimously by theSuperior 
Court Judges of the Second Division. You are familiar with the "whereases." I'll get right 
to the "now therefore." 



284 SENATE JOURNAL [Extraordinary Session 

Be it resolved by the Superior Court Judges of the Second Division of North Carolina 
assembled together in Hillsborough, North Carolina, on January 29, 1994, that the General 
Assembly of North Carolina in the forthcoming Special Session called to address crime, 
create seven new Special Superior Court Judgeships to take office immediately, and provide 
that these newly created Special Judgeships expire in four years or when the seven Superior 
Court Judgeships created by the 1993 Session of the General Assembly, which were to 
be effective November, 1993, for Judicial Districts 3-B, 9-A, 10-A, 15-A, 17-B, 20-B 
and 25-B, are pre-cleared by the Voting Rights Section of the United States Department 
of Justice, and filled by State Law, whichever is earlier. 

We sincerely believe that this will give you an opportunity to have these judgeships in 
place. You've already paid for them, the money is there, it wouldn't cost you a penny, 
and we need those judgeships working for you every day in the criminal courts. 

That's my report to you. I will, by addendum, state that we would appreciate any 
consideration you could give to us on an adjustment of salary. We feel that Virginia judges, 
South Carolina judges are not that much better than we are, and they sure are paid a lot 
more. I do thank you for letting me come here today. 



REMARKS BY THE HONORABLE ROBERT L. FARMER 

Senior Resident Superior Court Judge 

Judicial District 10 

Thank you. I'd like to talk about the Criminal Justice System itself, to give you my 
observations, what's wrong with it, and perhaps leave you with a couple of suggestions 
that you might want to consider. I think all of us realize that criminals that we sentence 
today do not stay in prison very long. One of them has told me it's like going to a basketball 
camp in the summer, and he enjoys it, but the problem is, he won't be there long enough 
for the play-offs. Now, why do we keep sending these people to prison in the first place? 
We send them because of punishment and because of our efforts to control crime, which 
includes deterrents, incapacitation, that is, removing them off the street, and rehabilitation. 
In my opinion, none of these purposes are realities today. They do not stay in prison long 
enough to accomplish even one of those purposes. I think most of us know there's a new 
breed of criminal working the streets today. He is very young, he is very violent, he is 
very impulsive, he is very likely to kill for no significant reason at all. And we all know 
that the teen-agers now can certainly get guns much easier than we can as adults. 

Now, to make any headway, I think that we must change the attitude of these young 
people. They are teen-agers, and I could give you many examples of those that I've tried 
and I'm not going to take time to do it. But they are thirteen, fourteen, and fifteen years 
of age charged with murder. Hopefully, this attitude can be changed with some preventive 
measures, but you've got to start at an early age. As well as making them appreciate the 
consequences of their actions by serving the full sentence that we give to them in court. 
That is, when I say ten years, I would like for it to mean ten years, and not ten days. 

I made the suggestion, in conclusion, in a speech to a convention in Greensboro a little 
over two years ago, and I'm going to make the same now. I think that we need to consider 
less costly detention or incarceration facilities such as interment camps and prison farms. 
I would like to suggest that the State go out, lease land, buy some barbed wire at the hardware 
store and some modular units for the criminals to stay in. I think that if our children have 
to go to class and study in them all day long, I think they're good enough for the criminals 
to sleep in at night. If they damage them, teach them how to repair them and make them 
repair them. And if they don't, you can enhance their sentence and send them to the big 
house of brick and mortar. I think we need to realize that we are sending criminals to 
prison and not to Grandma's house. 



1994] SENATE JOURNAL 285 

And, in summary, two things I'd like to suggest to you. Try to adopt some kind of 
programs that will help mold the attitude of our young people, to make it more positive 
in nature and not negative and get them off the streets and back in school where they belong. 
And secondly, make space in prison for those that deserve it, remembering that if they 
do all of the crime, then they should do all of the time. Thank you for inviting me. 

REMARKS BY THE HONORABLE THOMAS S. WATTS 

Senior Resident Superior Court Judge 

Judicial District 1 

Ladies and gentlemen of the Senate, I know my Senator from beautiful Dare County 
is a contractor, he's a builder and he wants to hear something constructive. I'm going 
to throw away all these pages I worked on Sunday afternoon at the hot computer and get 
down to some constructive things. Let me suggest to you some specific items that I think 
you should consider at this short crime session. 

Senator Daniel, the first thing I'd do is take four or five of these Judges, like Doug 
Albright, here; I'd take four or five good defense lawyers; I'd take four or five of those 
D.A.s who spoke to you; I'd put them in a room together, and I would not let them come 
out until they have gone through Chapter 15A of the General Statutes and streamlined 
criminal procedure from A to Z. For example, why do we arraign people? I spend a half 
a day every week arraigning people. Why not afford them their Constitutional presumption 
of innocence and assume that they're going to plead "not guilty." That's what they do, 
anyhow. Why are we wasting that half a day to do that sort of thing? Why not put some 
burden on the criminal accused to come in himself and seek a court-appointed attorney? 
If he wants one, let him come ask for it instead of us having to go find him, run him down, 
track him down, and have him in court two or three times in order to process him for that? 

There are things we can do. There are ways to process capital cases through the Supreme 
Court. Senator Basnight, I tried a case in Gates County where I'm supposed to be holding 
court today, tried a case in Gates County, started tax day, April 15, 1991. It took us two 
weeks to try the most brutal double homicide of two Vietnamese immigrant ladies you 
have ever heard, brutal rape, robbery double homicide. Senator Ballance, there were nine, 
'scuse me, there were eleven minority members of that jury; took them fifty minutes to 
bring back all the guilty verdicts, took them an hour and five minutes to bring back the 
two death penalties, less than two weeks to try the case. The court reporter had the transcript 
of the record finished before May, because I saw it. She was a young lady from Dare 
County, Marc, she knew what she was doing and she worked hard at it. That case was 
never even argued in our Supreme Court, and don't ask me why. I don't know who got 
it continued, whether it was the Appellate Defender or whether it was the Attorney General. 
But the case was not argued until March 13 of last year, 1993. Well, you say, that's eleven 
months ago. The case is resolved now. We're still waiting on the opinion, folks. And 
the young man is still sitting on death row at however many dollars a day, not knowing 
his fate. The victims don't know the fate, the families don't know the fate, and that's the 
reason people say our system is broken, and broken badly. 

Okay, what else can we do? I seriously recommend that you give some consideration 
to downshifting infractions, as some of the D.A.s suggested to magistrates. But I don't 
suggest, if you're going to have to make the District Court a court of record, that you do 
anything more than put it in as a misdemeanor trial court, a true misdemeanor trial court, 
with a four or a six-person jury, move those misdemeanors through there, free our time 
from misdemeanor appeals so that we can try the vicious felons that Judge Farmer told 
you about, and we will not have to tear down and give away our courthouses brick-by-brick 
through plea bargaining. We can try the cases at the Superior Court level if we don't have 
the misdemeanor appeals to deal with. 



286 SENATE JOURNAL [Extraordinary Session 

And, Senator Ballance, this is the most important thing that I think you can do. I think 
you can mandate, you can require Franklin Freeman and his Department of Corrections 
to provide meaningful — meaningfuldrugabuseandalcoholabuseprogramstoevery inmate 
who comes in their front door. Not just the twenty-five beds at this DART Program and 
the thirty-two beds at some other DART Program in Wilmington. You can require some 
meaningful substance abuse (treatment) — the question was asked earlier by a Senator over 
here — how many substance and drug abuse people, how many are involved? Ninety-seven 
percent, I'll guarantee you. I see them. I hear the lawyers talk about, my man being drunk, 
my man being strung out, that's all that you hear. And if they weren't on the drug at the 
time, they were committing the crime in order to get money to buy alcohol or drugs. 

We also need to take those inmates and give them some remedial education skills. Basic 
reading and 'riting and 'rithmetic. Make them sit in the classroom. If they don't do the 
homework, there's ways to punish them in prison. We need to get away from what I used 
to call the "Lee Bounds School of Corrections," which is be nice to everybody so they 
won't maybe riot on us. We need to get away from that concept of corrections in North 
Carolina, and we need to do it for every inmate that admitted to our prison. And please 
continue to give us the necessary resources and prison capacity, as you have made a 
wonderful start. Give us those necessary resources so that our penal judgments can serve 
as a meaningful deterrent. 

We get laughed at, folks, we get laughed at, you know. General Statute 15A-1341(c), 
and I'm going to be very specific on this one, Senator Sands, says that any defendant can 
always elect to give up community alternatives to incarceration and elect to serve his time. 
They do it routinely. People stand up in the courtroom and say, "Judge, I don't want that 
probation sentence, I don't want to pay restitution to the lady whose home was broken 
into; I don't want to go to mental health and get alcohol abuse treatment. I want to take 
my time." Because the folks on the street corners know that a two-year misdemeanor 
sentence means about twelve (12) days. It means that if you 're out in the far east, if you're 
in Dare County, Marc, it means that DOC bought a fax machine for Sheriff Bert Austin 
so they can fax the papers up there and back and they don't even have to tote 'em to Raleigh 
for processing. 

If, ladies and gentlemen, without the back end of the system, withoutspace in ourprisons, 
nothing works. That's the gasoline, that's the catalyst that makes the formula work. We ' ve 
got to have that. You're making a start, you're making a good start. I urge you to please 
continue with that, (applause) 

REMARKS BY THE HONORABLE DOUGLAS W. ALBRIGHT 

Senior Resident Superior Court Judge 

Judicial District 18 

Thank you, Mr. President/Vo Tern. Ladies and gentlemen of the Senate, from the bottom 
of my heart, thank you for this extraordinary courtesy that you've extended. It's 
unprecedentedcertainly,inmyrecollection,andIappreciateit.Hopefully,rilsaysomething 
worth a toot. 

I want to talk to you briefly about longer sentences for violent criminals. If I run out 
of time, I will invite questions about expanding the DART Program and speaking to you 
about the ways that maybe we can make our court system a little more efficient and a little 
better. But I come to you with a heavy heart on the issue of criminal punishment or lack 
of it and its negative impact on criminal justice deterrent. I have been around awhile. 
I've had the blessing to serve as Superior Court Judge since '75 and had the opportunity 
to prosecute the criminal docket before that, and I never, never in all my years have been 
so demoralized and dismayed and sorely troubled as what we find ourselves in the present 
circumstances. It's intolerable. Light sentencing and quick release policies have brought 



1994] SENATE JOURNAL 287 

this State to near disaster. I don't have to tell you the crime rate's soaring. I don't have 
to tell you the citizenry is at risk, you've heard that from a lot more eloquent witnesses 
than I am. But it breaks my heart to see the edicts of our Courts ignored and our judgments 
nullified in the criminal court and the Superior Court of our great State made a laughing 
stock. 

Fear of judgment is not before the eyes of the serious offenders, and with due respect, 
I say to you that justice is mocked daily. So eager are these defendants to take advantage 
of the quick-out prison time that I can't give away split sentence probation programs 
designed to rehabilitate. They want that quick time. And I echo my learned colleague 
from the East, in warning you of the dire consequences that we're confronted with when 
you can't give away probation. Dangerous felons are having a field day at the expense 
of the law-abiding. You know, it would be a joke but for the fact that our citizens are 
getting hurt and injured and harmed because of it. 

Now, why do I trouble you with this? Why do I come to you with this? I come to 
you because, in great measure, sentencing is moving away from the judge in the courtroom, 
and is moving here in the legislative halls. Punishment, in great measure, and hear me 
carefully on this, punishment in great measure is now going to be set here. The judgment 
in some fashion is going to be written here, in these hallowed halls. You have the control 
now. You are the fountain from which all power on the issue of punishment, for all intents 
and purposes, will flow. You will guide my hand. I will do and be able to do only what 
you allow me to do. And I call upon you in utmost sincerity, do not send me out disarmed 
in the face of atrocious felonies, or manifestly wicked deeds, unable to bring to bear the 
full measure of public justice for which such heinous atrocities and terrible crimes cry out. 
Let me say to you that punishment must fit the crime. Serious, violent offenses cry out 
for substantial punishment. Wanton violence calls for strong measures. Malignant hearts 
deserve justice's full force. Our abhorrence of the criminal act and the harm that flows 
from it is reflected in the punishment we attach to that violation. That punishment that 
you, the Legislature, sets sends a message of how seriously we, as a people, regard that 
offense. And while each of us, I think would agree that it is injustice to sentence too harshly. 
Similarly, it is unjust to sentence too lightly. Moreover, it is plain foolish. If the sentence 
is too light, it trivializes the offense. It unduly depreciates the serious nature of the offense 
and brings the law and the court into disrepute. I simply implore you to secure the same 
measure of public justice for the fallen victim who cries out for redress than you would 
for one of your own laid waste. Walk a mile in their shoes. Don't cut your punishment 
level so light that your judges can't adequately deal with the bad cases. 

I would urge you to make North Carolina hostile territory for dangerous felons and not 
a safe haven. I urge you to put strength in this hand, and not weakness. Don't command 
us to make bricks without straw. I urge you to empower us to do what is right, and empower 
us to strike a judgment that vindicates the law and punishes lawlessness to the full extent. 
The victim, the victim of crime who also is entitled to some small measure of due process 
and justice, must leave the courthouse with the firm conviction that right has prevailed 
and that the honor has been vindicated and justice done and he cannot do this, or she cannot 
do this, when the sentence is so light as to be the object of scorn and ridicule. Let your 
sentences be such as to discourage and not encourage crime. Otherwise the law has failed 
of its purpose. 

It is a time for resolve. It is a time for strength. It is a time for stiffened resistance 
to criminal tyranny. When the blood flows, we don't send to ask whether its Democratic 
blood or Republican blood. It is the blood of all of us that flows. If you don't get it 
right, andIdon'tgetitrightatthecourthouse,someinnocent,unsuspectingNorthCarolinian 
will die, where he should have lived. Somebody will suffer pain and suffering who 
otherwise should have been whole. That's how important the issue is. For now, as you 
move into sentencing, you will carry the same burden and the same nightmare that I have 
that I haven't gotten it right and somebody's fallen because of it. 



288 SENATE JOURNAL [Extraordinary Session 

To whom shall our people turn? They turn to you. The blood of the innocents is on 
your threshold. At this time the whole fabric, that's how important it is, the whole fabric 
of our criminal justice deterrent is on the line. In the name of God, I come here tonight 
from Wilkes to urge you to protect our people. 

SENATOR BASNIGHT: Thankyou, Judge. Tom, we appreciate all of you. ..(inaudible)... 

REMARKS BY THE HONORABLE THOMAS W. ROSS 

Resident Superior Court Judge 

Judicial District 18 

and 

Chairman of the North Carolina Sentencing and Policy Advisory Commission 

Thank you. Let me say to start that I'm privileged to come from Guilford County, and 
I'm privileged to serve with Judge Albright. I can't say that I'm privileged to follow him, 
because it's a tough act to follow. He speaks eloquently and well about many of theproblems 
that we face. 

There are a couple of things I want to say. I want to talk just briefly about corrections 
and sentencing. I want to touch briefly on a couple of court reform issues, and finally 
just look a little bit to the future of North Carolina's judiciary and what we face, and how 
we feel. And let me start out by saying that you've heard already a number of my colleagues 
express the crisis that we're in, and you heard me down here last year till you were probably 
sick of it, talking about that very crisis. And I want to say to you that I congratulate you 
for accomplishing a great deal toward beginning to address many of the concerns that have 
been expressed. 

First, as Judge Farmer said, it's very important that the person serves the time that they 're 
given. Whatever time that is. We differ sometimes on how much that oughta be, but we 
oughta tell the truth about the sentence to be served. And I think that the structured 
sentencing legislation has done that. 

And let me say why again that I think that is so incredibly important. And that is that 
the public has lost faith in what we're doing. And if we're not willing to tell them the 
truth, they'll never have faith again. And if we want our system to mean something, of 
all the places where the truth ought to be told, it's in the courtroom. 

Further, I think that you deserve a great deal of credit for beginning to deal with violent 
felons. Many people don'tknow that the sentences to be served under structured sentencing 
for violent felons are significantly longer. The time served is significantly longer than what 
people are now doing in prison. And I applaud you for that. All of us, I think, agree 
that the most violent, the most dangerous offenders need stiff, serious punishment. We're 
moving in that direction. I would say to you, however, that there are thousands upon 
thousands more offenders in the system that also need our attention, and I urge you not 
to forget that. Not to forget that the legislation that you have passed demands significant 
funding to be addressed at punishments for many non-violent offenders. And treatment 
programs, for many who need those treatment programs, both in and out of prison, and 
I echo what Judge Albright said about the DART Program, an excellent program that 
deserves your attention. 



1994] SENATE JOURNAL 289 

I think, however, it is incumbent upon me to say — if ever we've learned a lesson in 
our State in the past, surely we have learned that whatever policy we set, you set, since 
you're the policymakers, not the judges, whatever policy you set must be backed up by 
resources or it will not be truthful. So, ever how tough you want to be, I support you. 
But be sure the resources are there to match it, or it won't do the job. For all the offenders 
that we know need treatment, need intermediate sanctions, the resources have to be there. 
They can't all be directed in one way or the other. A balanced approach is required if 
we're going to be successful in addressing the problems that we face. 

Let me move quickly to a couple of items of court reform. Our courts, despite sometimes 
the rumors that are heard about these halls, work hard, and I challenge you to go with 
your Resident Superior Court judges, or your District Court judges into court and see how 
the courts work, see the hours that are put in, both in and out of court, on and off the 
bench, dispensing justice in this State. Go to District Court where the criminal dockets 
run till 6:00, 7:00, 8:00, 9:00 at night sometimes and I think you'll find there's a lot of 
hard good work being done in our court systems. And those of us involved in that system 
are proud of the work that we do. 

There are some things, however, thatwecan do better. Judge Watts says let'sdo something 
about arraignment. He's right. We ought to be able to establish some basic rules about 
time frames for the filing of motions, and that's really the only purpose arraignment has. 
And not have to go through that farce of calling arraignment calendars every Monday in 
criminal court. Further, we can do some things — I know, criminal calendaring is a problem 
for some people. That can be worked out. Rules can be developed that will solve that 
problem, without necessarily transferring the authority from one place to another. But I 
think it does need some attention. Indigency screening. We spend a fortune on indigency 
counsel in North Carolina. Something we've got to spend money on, it's necessary and 
appropriate. But we can do a better job of screening who needs counsel. We have a pretrial 
screening program in Guilford County that helps us decide who oughta be in jail and who 
isn't. Helps us manageour jail population. There's an avenue by which indigency screening 
could be done, and done effectively. I want to thank you for your support of video 
arraignment proceedings last Session. We have our video arraignment in Guilford County 
up and operating. We're going to cut down on escapes because we're not going to be 
moving prisoners around. I also think we'll save money, by the way, but even if we don't, 
we're going to make our County safer through the use of that and it wouldn't have been 
possible without your action last year. 

Finally, I want to address the issue of how to make more time in Court. I just echoed 
Judge Watts' comments. I think if it can be worked out without great cost to District 
Attorneys, I think it's perfectly appropriate to move infractions to the magistrate court. 
That'll cost some money, you'll have to enhance magistrates, but probably that's less 
expensive than enhancing other areas of the court system. But I think it's a mistake to 
further mix the jurisdiction of the Superior and the District Courts. Let me say, in District 
Court right now, many of you may not know that, whatever judgment is imposed by the 
two distinguished members of the judiciary to my left, whatever judgment they impose 
can immediately be appealed with Superior Court. There's no need for that. Their 
judgments ought to be final. They are extremely competent, able members of the judiciary. 
There's no reason why they shouldn't be able to render final judgment in District Court, 
after the appropriate right-of-jury trial. Certainly, when somebody pleads guilty in front 
of them, there shouldn't be a mechanism to appeal for a jury trial in Superior Court. 
Certainly, if they revoke somebody's probation in District Court, there shouldn't be an 
appeal of that to Superior Court. If I revoke a felon's probation in Superior Court, they 
can't appeal to some other Court, except the Court of Appeals, and that's not for a new 
hearing. There are some areas where Court reform can be effectively managed without 
further mixing Of jurisdiction. 

Finally, I want to conclude by just asking you to think about the future of your courts. 
The morale is not good. I think I can say that safely. I talk to enough of my colleagues 



290 SENATE JOURNAL [Extraordinary Session 

regularly enough to know that morale is not good. We are the last part of government 
to receive technology. We are, as Peter Gilchrist said, we are so far behind the rest of 
society in what's going on with technology, it's hard to even imagine. I've been on the 
bench ten years and I've been here long enough so I could see the coming of push-button 
phones to the court system. They're not quite here everywhere. Go down to Troy, you'll 
still find they got a dial phone. So we're a little behind in technology, and we need some 
help. We need some help desperately. We're dealing with huge volumes of people, and 
there's very little way for us to manage that information. 

Judge Stevens spoke about judicial selection. It is important to have a judiciary that 
is independent, that has a level of security that will attract good, competent high quality 
lawyers to the bench without fear of being beaten at the next election and losing all their 
law practice and having to go start over at age forty-five or forty-six, with children in 
college. It is important to compensate the judiciary in a way that is befitting of a third 
branch of government that works hard every day and, frankly, compared to many other 
aspects of government, come to my county and see where I rank in pay compared to my 
County Manager, or my School Board Superintendent, or the Vice Chancellor at my 
University branch, not to mention the Chancellor. Or many others in government, and 
I'm not saying they don't deserve the pay they get, but look at the comparison. 

Finally, I'll conclude by saying that our system is complex. There are lots of problems, 
lots of difficulties. There are lots of strengths, lots of positives. But there are no simple 
solutions, there are no free solutions. And I urge you to remember that as you debate the 
issues before you. Thank you for the opportunity to be here. 

REMARKS BY THE HONORABLE JACQUELINE MORRIS-GOODSON 

Chief District Court Judge 

Judicial District 5 

First, let me thank Senator Basnight and each of you for the opportunity to appear before 
you today. I am honored. On behalf of our President of the North Carolina Association 
of District Court Judges, John Smith, he has asked me to please thank you for all that you 
have done for the District Court judges and all that he is sure you will do for us in the 
future. 

I want to also say to you that the four issues about which I speak are not issues that 
I take a position on, but they are issues that I know are going to come before you, and 
I want to ask you to at least consider the remarks that I make today. I know that one of 
the considerations which you will be making is whether or not you will move the H, I, 
J felonies to District Court. And we, as I said, I have no opinion as to whether you should 
or should not do that. If you do, in fact, move them to District Court, the District Court 
judges will work hard to make sure that that is taken care of. But what we do ask is that 
if you do send the H, I, and J felonies to the District Court, that you give us the resources 
to work with. We will then become a court of record for those felonies and, as such, we 
will need additional court reporters, more court recordation equipment, we will need 
additional court personnel for clerks, we will also need additional courtrooms, and this 
may be very important in the rural areas of our State. So we ask that if you, in fact, decide 
to make that move, that you please make sure that we have the resources to do the job 
that you have given to us. 

We know that you will be looking at the movement of infractions to a magistrates court. 
We ask that if, when I say — if guess I'm so used to talking about the judiciary and our 
judges as we — that I ask that when you think about the movement of the infractions to 
the magistrates court, that we think about who we are going to ask to hear these cases. 
We need to look at the educational requirements. At this point, it appears as though we're 
looking at utilizing magistrates that we already have, and so we certainly would ask that 



1994] SENATE JOURNAL 291 

you look at the fact that they have no law degree, or that there is no disciplinary function 
available at this time, and that we look at those matters as we begin to look at whether 
or not you will move these cases to the magistrates court. Insurance consequences are 
very great for traffic offenses, so certainly we need to have people prepared in order to 
do that job. 

In the juvenile area, by the time, we are the court of jurisdiction for juvenile court, and by 
the time that we are getting these young people, many of them are in open rebellion against 
all authority. We ask that you give us some means to detain them. You have basically taken 
away the opportunity that we have to say to young people when they come to us, that the court 
means business about what we say to you, and that we will back it up. In this area, we will 
also need resources. We will need the local detention centers. We will need transportation, 
because what is happening is that because we are running State operated detention centers, that 
transportation is needed to bring young people from the centers back to the courthouses for 
their hearings, and there is some dispute as how that will happen. In some areas the Sheriff 
is doing this, in some areas juvenile court counselors are doing the transportation. And we 
ask that you look at how that transportation is going to take place. The resources need to be 
put in place to be sure that we can get these young people back and forth from the detention 
centers. Because of the nature of the increase in violent crime for youthful offenders, we are 
going to need more court counselors, and we also are going to need to be able to get 
psychological evaluations quicker. And in order to do that, we need to have more money to 
be able to hire more psychiatrists, more psychologists so that we won't have a waiting list, to 
be able to get the psychological evaluations. 

In addition, as an aside to that, we often need to look at the determination of parental rights, 
and to revisit the issue of whether or not the reasonable effort of the parent We have more 
children now who are remaining in care for longer periods of time, and they are in and out 
of care for a longer period of time. And this impacts on young people. And when they have 
those kinds of experiences, then that can help lead them to a life of crime. 

And lastly, I ask that you think about the root causes of crime. There will be a lot of 
discussion about the punishment and the sentencing aspects, but the root causes of crime, 
the fact that drugs are overtaking our communities, the last of educational skills and job 
skills, thelackofsupervisionofourchildren,certainlytheyouthprogramsthataresuccessful 
in our State and are working should be looked at so that those kinds of activities can be 
put forward in other parts of our State. You give a man a fish for a day and he eats, give 
a man a fish and he eats for a day. You teach a man how to fish and he eats for a lifetime. 
We need to make sure that we're teaching the individuals who we are incarcerating that 
we're giving them a skill, so that when they come out they will be able to make a living 
and they won't return to incarceration. Thank you. 

REMARKS BY THE HONORABLE E. BURT AYCOCK, JR. 

Chief District Court Judge 

Judicial District 3 

Thank you, Mr. President, Members of the Senate, and I thank you for this opportunity 
to share with you one District Court perspective about what you are about this session, 
about crime. The message of the Superior Court judges and the District Attorneys and 
the public is so loud and so uniform and so clear that you are very likely to answer it 
in some fashion, including some type of court reform. 

My remarks will be brief and focused on how that might affect the District Court, and 
how I would ask you to consider that. Over half of the resources in District Court are 
already spent on criminal and traffic matters, although those matters and how we handle 
them probably are the least important cases that we handle. Our decisions in those cases 
and how we handle them has usually not much impact on society or fighting crime or 



292 SENATE JOURNAL [Extraordinary Session 

serious violent crime, and many times, not even much impact on the defendants themselves. 
The other aspects of District Court are primarily juvenile court, domestic court, domestic 
violence court, and child support matters, although they take up less than half of our 
resources, are more important than the other things we do. I am not qualified to suggest 
what categories of cases you move in or out of Superior Court, or in or out of District 
Court, or into magistrates or some other kind of court. I do know that if you make such 
moves and it nets out more for us to do, then we will simply have more of those less 
important things to do than we already have and will adversely reflect on the cases that 
are important in District Court. 

The things we do with regard to neglected dependent and abused children, four or five different 
types of child support court, emergency domestic violence orders and the hearings on those cases, 
and other matters affecting the children and the families are what we are really about in District 
Court I would urge you simply, when you enact any reforms, to carefully measure the net 
effect on the resources that are left for us to deal with these matters in the District Court. It 
would be unfortunate, indeed, if , in an effort to curtail violent crime, we curtailed the Court's 
ability to deal with families and children and family values, which, if we don't have, we simply 
can't live together without crime and without violence. Thank you. 

SENATOR BASNIGHT: Thank all of you. Questions? 

SENATOR BLACKMON: Thank you, Mr. President. Question for anyone that wants 
to answer this. With respect to reform on appeals, I read an article about the North Carolina 
Supreme Court that says this Court has reversed capital verdicts in over 90 percent of the 
decisions of the last several years. Now that 90 percent may be a high figure or a low 
figure, butevenitit's20percentincorrect, why is this? Because thepublicdoesn'tdiscrimi- 
nate between Supreme Court Judges, DistrictCourt,SuperiorCourt, they package youfolks 
in one package and when we see things out in the world that says that these things keep 
coming back and we keep trying the same criminals for that very act, that we have to pay 
for as taxpayers, we, frankly, don't like that and I'd like to know what you can do to help 
us in that case? Thank you. 

JUDGE ROSS: I'll be glad to address just briefly part of it, and that is to say that a signifi- 
cant number of cases recently in the last three or four years were reversed as a result of 
an opinion by the United States Supreme Court that had nothing to do with anything other 
than the way we instructed the jury, which we'd been doing for years, but the U. S. Supreme 
Court changed the law and said you couldn't do it anymore and sent back a whole flock 
of cases for resentencing — eighty-some-odd cases, Judge Watts said, and I think he's right. 
Which is a significant percentage of the death penalty cases. It was almost everybody on 
death row at the time. So that's probably one of the reasons that those so-called reversals 
are way up there is because of something the U. S. Supreme Court did. Which we don't 
have much control over down here. 

JUDGE ALBRIGHT: Let me give you another example. The United States Supreme 
Court has found fault with the definition of "reasonable doubt" in criminal instructions. 
For years in North Carolina we followed Judge Bone's great instructions in State v. Ham- 
mond. It was upheld for years. Been the law, known no other law in my lifetime, and 
now a "reasonable doubt" instruction error is going to send a whole raft of further cases 
back. That's just another example of what you got. It's flowing out of Washington. We 
just march along, do the best we can and pray for a miracle. 

SENATOR BASNIGHT: We don't like it either. 

SENATOR PERDUE: Thank you, Mr. President, too. First of all, Burt, Judge Aycock, 
in talking about District Court and the issues that are most important, the juvenile neglect, 
the domestic cases, the family issues. I've heard you mention at times the family court. 
Is there any type of leaning among the District Court bench about dedicating certain of 
our judges to a family court and recognizing that families might need services after five 
in the evenings, and on Saturday mornings. 



1994] SENATE JOURNAL 293 

JUDGE AYCOCK: There's not a lot of discussion about it. The Judges in our District 
are available twenty-four hours a day, and occasionally we are called on, although there 
are other agencies that handle most after-hours emergencies. I suggested the possibility 
of a family court to several people recently, particularly if court reform involves putting 
alotofnew things within thejurisdiction of the DistrictCourtthatmightdiluteourresources 
andmakeitmoredifficulttodeal with family matters and children'smatters. Thesuggestion 
I heard most often was that, "Well, can't the Chief District Court Judge simply assign the 
time and the judges he or she wants to assign to family court type matters?" and that's 
certainly what we do now. If we get a lot more competition, though, for other types of 
matters, a family court might be a way to give us the resources that we need on a regular 
basis without having to discriminate about which courtroom are you going to use for crimi- 
nal today, or would you rather use it for juvenile and cancel half of the District Court. 
It might be better to have strictly a family court, if we get much more competition from 
other types of criminal work. 

SENATOR PERDUE: Thank you. Judge Farmer, when you were making your presenta- 
tion, you spoke twice about attitude. You said that we have to change the attitudes of 
our kids, and then at the end of your comments, you talked about our charge — that we 
needed to develop programs which would mold attitude. In your tenure on the bench and 
in your experience, do you have some specific suggestions to us as to how a legislative 
body create attitudinal change among the youths and parents of this State? 

JUDGE FARMER: It's a very difficult thing to do. It's a good question. Let me give 
you an example that it's hard for us to do to try to correct attitudes in court. In the last 
month or two, I had two 15-year-old females before me charged with selling cocaine. 
They make a net profit of around $1800 per week. That's about $93,000 a year tax-free. 
They don't go to school, they just stand on the corner and sell cocaine. And I'm supposed 
to tell them, "What you need to do is to go back to school, and go get you a good job." 
And they're going to tell me, "Look, mister, I earn more money than you do. You need 
to go talk to somebody else, and not me." And they don't mind going to prison. It's 
very difficult for us to do anything about their attitudes. 

But you ought to come into court and see the attitudes of these young teen-agers today. 
Those 14-year-olds that I've had to sentence for little things like getting short-changed 
$2.00 on a cocaine sale; getting a $20 counterfeit bill for cocaine. Even had one charged 
with murder because someone told a third person that he wet his bed at night. Now these 
are real big reasons to go out and kill people. 

I don't know where you start, but I think you got to go back to when they're real young 
and get 'em off the street. I don't know how you can get 'em off the streets, but some 
way we've got to get these kids off the street during the daytime and at night. Get 'em 
back into school. We've got areas in the larger towns here, where mothers and the children 
can sit out on the porch after dinner at night and they can hear gunfire three blocks down 
in the corner area where they're selling drugs. It's like warfare. And I don'tknow whether 
we need to get more police out on the street, and I don't know how many of you all heard 
the arrests out in Los Angeles after the earthquake. Before the earthquake, they were 
arresting around five hundred (500) people every day by the L. A. police. After the 
earthquake, they started arresting fifty (50). Why? Because instead of having seven or 
eight hundred policemen out there on the street, they called in everybody and put about 
2,500 out there, plus the National Guard. Is that visibility? Do you think the crime went 
down? It did. So, I don't know how to handle the attitude problem, but it's got to be 
changed or we're in bad trouble. 

SENATOR BASNIGHT: You work with children in juvenile court. I'm not an attorney, 
and you can well tell that. Solutions, what do you recommend? You see the kids, probably 
more so than some of these other distinguished judges. Is that correct? 



294 SENATE JOURNAL [Extraordinary Session 

JUDGE MORRIS-GOODSON: Well, I could say, I took my ex-Chief Judge— one of 
the things that we are able to do in our scheduling is, I scheduled myself out of juvenile 
court because I had gotten to the point that I was so frustrated with the inability to be able 
to make the statements that we say to young people, to make them stick. I work a substantial 
amount of time there, but I also do a lot of work in the community with young people. 
And in response to the question, what do we do about attitudes? We have to start at a 
younger age. By the time we see a 13- or 14-year-old, they have already been influenced 
by those things of the world. It is very difficult for us to say to them, "Don't sell drugs, 
you know, go to McDonald's and make $4 an hour, and it is very difficult. We have got 
to start early enough so that it becomes part of their philosophy, so that they never get 
to the point of feeling like they are a drug youth, that drug selling is something that will 
be beneficial to them. 

SENATOR PLYLER: It's not a question, Mr. President, but I'd just like to say to the 
judges here on the panel and other judges across the State, thank you for the many letters 
that you all have written to Governor Hunt and myself about the DART Program. I know, 
and I feel like many of you, and probably all of you, know that that is one of the best 
Programs thatwe have ever put in in the State of North Carolina. Costs us the least money, 
does the best job. The recidivism is very low, and I think that we need to expand that 
on, and I want to say thank you. 

SENATOR BASNIGHT: His name is DART! He is really a supporter of that Program 
...inaudible... 

JUDGE ALBRIGHT: Yes, I just wanted to thank the Senator for his able comments. 
Now what I'm about to say to you comes from — I'm known as the "Mean Judge." So 
maybe when I tell you about the DART Program, it might carry a little bit more weight 
than somebody who's noted for giving away the courthouse, brick-by-brick. It's one of 
the finest programs. I believe in it. The success data is out there. If you want some objective 
data, you can find it. It's doing the job, and I would love to see the day that we could 
have three or four hundred beds for DART Program. If I had to take substance abuse 
out — if somebody wanted to know about substance abuse in the criminal calendar, drugs, 
alcohol, itwouldn'tsurpriseme,inone form or another, to find itrelateddirectlyorindirectly 
in sixty — seventy percent of the cases . In one form or another, and that might be a conserva- 
tive estimate. 

SENATOR SOLES: Thank you very much. I want to compliment all of you for coming 
and being very frank with us. I have noticed that some of these non-lawyers have said 
Bob, and Burt, and Tom. You're all "Your Honor," as far as I'm concerned, (laughter) 
You know, when we leave here about two weeks from now I may be sitting in front of 
Judge Allsbrook, or somebody else — Albright, I'm sorry — and I believe I'd go judge shop- 
ping, anyway. But whatl want to know, is I'm Chairman of the Standing Interim Committee 
on Crime, or Co-Chairman, the Senate Chairman. And we are mandated to study the calen- 
daring situation. I notice that Judge Ross mentioned that earlier. We've had one meeting 
and we're to Id thatNorthCarolinaistheonly State in theNation where the District Attorneys 
set the calendar. We had two affidavits from Superior Court, or retired Superior Court 
judges; Judge Collier was one, Judge Bailey was the other, that said something needed 
to be done and they were giving the District Attorneys a bad time about it. I'd like to 
hear a comment from somebody on there, if you think that the situation is fine. If it's 
not, what is your first suggestion, because we may very well address the subject and change 
it? 

JUDGE HOBGOOD: - I'd like to respond to that. 

SENATOR SOLES: I waited till the DA.s left, by the way. 

JUDGE HOBGOOD: All right. Now, I want to just give you some background. 

SENATOR BASNIGHT: Not too much now, Bob! 



1994] SENATE JOURNAL 295 

JUDGE HOBGOOD: All right. The General Statutes provide the District Attorney shall 
prepare the trial. The General Statutes provide that at least one week before the beginning 
of any session, that the District Attorney shall file with the clerk a calendar of cases he 
intends to call for trial. And if you're really serious about this, you can transfer the duty 
to calendar criminal cases in the Superior Court from the District Attorney to the same 
Senior Resident Superior Court Judge in each Judicial Districtwho has the overallresponsi- 
bility for calendaring the civil cases, and raise his salary by $ 1 2,000 a year, $ 1 ,000 a month, 
to make him understand he's got an important job and he'll do it right. If he fails to do 
the administrative calendaring in aresponsible manner, authorize the Chief Justice to name 
another Resident Superior Court Judge as the Senior Resident Superior Court Judge. 

You canhavetheofficeof Senior ResidentSuperiorCourt Judge utilize computer tracking 
of cases to assure speedy trial settings. You can have the Administrative Officer of the 
Courts, or they could on their own, assign the Senior Resident Superior Court Judges to 
their home judicial districts at least one week each month, to monitor and supervise the 
setting of criminal calendars. This method would free the District Attorneys from this 
administrative duty. They would be able to devote more time to trial preparation. Both 
the District Attorney and the defense bar would know which case is the first case for trial 
and the order of trials. Now, this is solely my opinion, and no one else's. 

SENATOR DANIEL: Let me ask Judge Hobgood a question, Marc. Judge Hobgood, 
who would do it for District Court? 

JUDGE HOBGOOD: The Chief District Court Judge who is responsible for civil calen- 
dars could do it for the District Court. And there's also a General Statute that provides 
priority — I don't have it right in front of me — for the District Courts. 

SENATOR DANIEL: And that would mean the magistrate, and magistrates now with 
their new found duties with infractions and other smaller cases, would calendar those cases 
in the magistrate level. 
JUDGE HOBGOOD: Well, I'm not getting into that. 

SENATOR BASNIGHT: ...inaudible. ..I am certain that most of you believe and feel... 

JUDGE WATTS: Marc, I've been there, as has Judge Albright. We both were District 
Attorneys. Let me tell you something. The biggest headache in the criminal justice system 
is getting the right people in the right place at the right time, and that's called calendaring, 
folks. I will tell you that, personally, I left the District Attorney's Office and came up here 
with my knee pads on and begged Jim Hunt to appoint me as a Special Superior Court 
Judge just to get away from the responsibility of calendaring. So I would no longer be 
an administrator, and I could get back into the courtroom. It is a headache. It can be 
done. I agree with my good friend, Bob Hobgood, it can be shifted, and the place to shift 
it is logically to the Senior Resident Judge. 

But if you do so, be prepared again, and I go with what was said earlier, give us the 
resources. Because if I'm in Wilmington holding Superior Court and I'm responsible for 
seven counties up in Northeastern North Carolina, two hundred twelve (212) miles away, 
and that's the distance from my garage to the courthouse in New Hanover County, by 1-40. 
If I'm down there, you know, and Judge Hobgood says then have the Chief Justice appoint 
somebody else if I'm not doing a good job, you know, how do I know that my folks are 
doing a good job two hundred (200) miles away? I'm going to have to be there to supervise 
them. You 're talking about breaking up, folks, the rotation system. And the rotation system 
is the — should be — the most sacred thing in our entire Superior Court Judicial System. 
It is the thing that has brought corruption-free, impartial, and fair justice to the people 
of North Carolina for more than two hundred (200) years. 

SENATOR BASNIGHT: We are going to keep discussing.. .(inaudible).... 



296 SENATE JOURNAL [Extraordinary Session 

SENATOR BALLANCE: I want to know, I'm a little concerned here. We're hearing 
a lot of people talk about the victims of crime, and obviously we're all concerned about 
the victims. Well, here's what I'm getting at, Judges. One of you. In every criminal case 
I see in North Carolina, it's always State v. John Doe. Now that didn't get that way for 
no reason. Should we move away from that and just focus on victims? (no response) 
While they're thinking on that one, should we hang people at the courthouse? Would that 

UNIDENTIFIED: To them, it would be. 

JUDGE WATTS: No, but there are a whole lot of folks out here in the communities 

that would recommend stocks and pillories. 

SENATOR MARSHALL: It hasn't been mentioned in this presentation, but there will 
be some bills floated, the idea has been floated aboutlife withoutparole. From your vantage 
point, is that something the State needs to enact as a mandatory part of sentencing — as 
a discretionary part of sentencing, is itsomething that should go to the jury, or is itsomething 
that should be left with the bench? I just entertain anybody's comments on it. 

JUDGE STEVENS: Well, I'd like to say this, ma'am. Inasmuch as we are not executing, 
it is not a deterrent. Therefore, I would say that what I believe in capital punishment, I 
think some crimes are so bad, so heinous, so vile that the person who commits them forfeits 
his right to further exist in a decent society. But, then as trial judge, we go to these things 
over and over and for some reason, when they come flipping back, maybe because they 
don't believe in capital punishment of whatever it is. And they cost the taxpayer hundreds 
or thousands of millions of dollars if you multiply this thing, Frank, back to the State. 
Therefore, to answer the lady's question, Ibelievein capital punishment, butit's no deterrent 
unless you're going to execute. And therefore, we've got to have some kind of alternative. 
I would vote, yes. 

JUDGE HOBGOOD: If you have life without parole as an alternative in a capital case, 
for the jury to consider, I think that would be a very good thing. If you're talking about 
life withoutparole, three strikes you 're out, you 're missing the point, because violent crimi- 
nals run out of juice, you might say, at about forty-five years of age. And so then you've 
got some guy that doesn't have any violent tendency after forty-five, just on the public 
dole by being in prison. I'm not sure that's what you want to do. 

SENATOR CONDER: Being a non-lawyer, help me understand how a judge has the 
prerogative in capital punishment when it's a law of the State of North Carolina. Did I 
just hear you say that how many of these other cases are remanded back down — you've 
got eighty-eight on death row right now? Does that go back to the federal courts? 

JUDGE ROSS: What I was referring to was the, you know, that the facts are determined 
by a jury, of course, and once judgment is imposed, defendant has the right of appeal. 
On the appeal the court looks at, whether there was legal error or not, and the law 's a chang- 
ing animal that moves from place to place sometimes and we can't always pin it down. 
And what's happened in this area is the United States Supreme Court has continued to 
refine the law, and in the particular case I was referring to, found that the way we had 
instructed our juries previously was error. That it was prejudicial error to a defendant and 
violated the Constitution of the United States and required that all of those cases be sent 
back for a re-hearing. So, on the other hand, when it comes time to sentence in North 
Carolinaafteratrial,inacapitalcase,wehaveasecondproceedingwherethejury determines 
whether the person receives life or death. It's not left up to the judge. 

SENATOR ALLRAN: Thank you, Mr. President. I was very impressed with what our 
judges had to say, and I thought aside from these really difficult questions about changing 
young people's attitudes in thesocietal questions andmaybesomeevensomeratherpolitical 
questions, that you all had some very excellent ideas about what you thought we could 
do to cut down on the crime rate in the State of North Carolina. And my question to 



1994] SENATE JOURNAL 297 

you is this. A number of bills have been introduced, filed already, and a lot of other bills 
are being talked about. My question is, are you all monitoring what has been filed and 
are you going to monitor the ideas that are being talked about in this Legislature, so that 
your ideas, your practical ideas about what we need to do to make the court system more 
effective and work better, your ideas are going to be matched up with our proposals. 

And I say that because I cannot imagine anything worse than this Legislature meeting 
for these next few weeks, or however much time it is, and then for us to leave and we 
have missed the opportunity to do what you folks believe we should do to make the situation 
better. 

JUDGE ROSS: I would just comment a couple of things. Of course, we're all out in 
various parts of the State. Judge Albright was in Wilkes today; I was in Surry County, 
and different places holding court. So it's tough for us to be here on adaily basis monitoring 
things. But I would point out that the Administrative Office of the Courts is here with 
Jim Drennan, and I think he has a pretty good handle on how many of us feel, although 
there is no unanimity among every position by every judge, for sure. Also, there are a 
number of us that are interested in what's going on, and some of us have other roles. 
For example, mine with the Sentencing Commission has me down here some and we have 
a staff that's monitoring things, so there are avenues to get the input of judges, and I would 
just ask you to please let us know if we can help, and to let the AOC know, they'd be 
glad, I'm sure, to arrange to get hold of us and get us here. If we can be of help to you, 
we'd be anxious to do it. 

SENATOR GULLEY: Thank you, Mr. President. I will be brief . I wanted to ask Judge 
Ross a question. Judge Ross, I'm grateful to the Sentencing Commission for the work 
that led up to the structured sentencing law and the help that you all were in that. And 
so I'm wondering what your response or thoughts are with at least one or maybe a couple 
of the revisions. We are starting to have folks suggest revisions to that. For example, 
I believe in the Governor's package, it says if possession of less than a gram of cocaine, 
or whatever, would be moved to a felony status. Other proposals might be to make all 
assaults on law enforcement officers, move that to a felony status. And I'd appreciate your 
frank assessment of those proposals and the impact on our efforts to structure sentencing. 

JUDGE ROSS: First, with regard to the cocaine, that was not part of the Sentencing Com- 
mission's recommendation, that is, moving itdown to a misdemeanor. Soourrecommenda- 
tion had been to keep it at a felony level. Secondly, with regard to assaulton law enforcement 
officer, we also had recommended that that be elevated to a felony in our original report. 
So that's where the Commission's position was with regard to those issues. 

SENATOR DANIEL: Senator Albright, I've been in your courts many times and I know 
that you have had much deliberation over what we had done down here with the structured 
sentencing. Given the resources, if we had ample resources, since this is a resource-driven 
system, in our discussions, one of the main things that's bothered you about that is that 
some of the higher level crimes, your hands have been tied. And I know that you want 
to say something about that, so I think, if there were sufficient resources, how could we 
improve upon the steps that we have taken forward now, with structured sentencing in 
trying to put truth back into sentencing? 

JUDGE ALBRIGHT: Senator, I appreciate your question. When I talk about strong 
medicine, I'm looking over, everybody looks over to one side of the spectrum and sees 
the little fellow they want to help out and take along and counsel with, and that's fine. 
I'm looking at the exact opposite end of it, and all I'm cautioning is, in the effort to help 
those on one side of the spectrum, don't overlook our obligation to bear down where strong 
measures are warranted on the other side. There's ten percent, or twelve percent, or fifteen 
out there, and figures may vary, but it'll be somewhere in that category of incorrigible, 
dangerous people that need to be incarcerated for just as long — you can't put them in there 
long enough. 



298 SENATE JOURNAL [Extraordinary Session 

If you'll see to it that I can do something with that ten or twelve or fifteen percent, I'll 
do anything — I'll hang by my heels from a tree and pass judgment on the rest, if that's 
what you think public policy requires. I'll do whatever you want me to do on the rest 
if you make sure that I can deal with the bad cases. And as we shift the prison population 
away and try to put more violent offenders in there, I think that our resources will meet 
our needs. 

One other thing I might suggest is that you give serious consideration — nobody here 
would probably go along with my ideas about sentencing — butyoumight give some serious 
consideration to restoring to the level of the Sentencing Commission recommendations the 
cuts it will make. 

SENATOR LUCAS: Thank you, Mr. President. This is to Judge Goodson. I have a 
statement here that you said relative to giving the added responsibility or responsibilities 
to the magistrates and you said we must look at the educational background. What are 
your thoughts about the educational background in terms of what level do you see the 
magistrates being educated and responsible for additional responsibilities? 

JUDGE MORRIS-GOODSON: Because of the serious impact, particularly the cost of 
insurance thatthe infractions carry the traffic offenses, I think that we have to at least special- 
ly train the magistrates. I would think that there would be a level — I would leave that 
to you to determine what level you believe is necessary, but to be sure that we did, in fact, 
have a level. We might even consider having law degrees required. I'm not sure whether 
that's feasible or not, but if we look at the magistrates that we have now, we have to make 
sure that they have the special training that will be necessary to take on that responsibility. 

SENATOR LUCAS: All right. How would you transitionalize, if that's a good word, 
those who are coming on and those who are already there? Would you train those on 
board and then require those who would begin to assume those responsibilities, to come 
on with additional training? 

JUDGE MORRIS-GOODSON: The magistrates that we have now have varying levels 
of education, there is no requirement as to what educational level they must have. They 
are paid based upon theeducationalrequirementsthatwe give them, statutory requirements. 
I'm not sure, depending upon on what requirements you place upon the magistrates, if 
you in fact do that, we would have to probably choose between those that we have and 
try to train those that we already have, that we would need? because we supervise the magis- 
trates. Chief District Court Judges that would be most ideally suited to do that. 

SENATOR LUCAS: My last question to you is do you feel that the magistrates need 

to be given additional responsibilities? 

JUDGE MORRIS-GOODSON: As a Judge, I could not answer that. 

SENATOR LUCAS: Oh, you can't, okay. 

SENATOR BASNIGHT: ...(inaudible)... 

JUDGE ALBRIGHT - Senator, can I make one comment? I, again, express to you our 
heartfelt gratitude for this extraordinary courtesy that you've extended to the judiciary. 
The votes that you 're going to cast and deliberations that you 're going to have, will maybe 
be the most important this Body will ever have on the issue of criminal justice. Our thoughts 
and prayers are with you in your deliberations. 

JUDGE FARMER: I want to say, on behalf of Bob Hobgood and myself, that in the 
many terms that we spent across the hall in the House, this is the first time this Body has 
ever invited us over here to speak, so we thank you, very much, (laughter) 



1994] SENATE JOURNAL 299 

JUDGE WATTS: Senator, I want to say one thing. As you deal with these very, very 
difficult and complex problems of crime, and as you think about your court system and 
as you consider restructuring and doing things within that system, as you must, and as 
you've been called upon to do, please do one thing. As you move with deliberation and 
not with haste, do not forget the other part of our court system, do not forget those civil 
litigants who rely upon District Court, who rely upon small claims court with magistrates, 
who rely upon Superior Court, sometimes with multi-million dollar cases, and the most 
grievous of injuries. Don't forget the civil litigants who also require the court system to 
settle their disputes. 



Senator Sands offers a motion the Senate do now rise from the Committee of the 
Whole, without report, which motion prevails. The Chair declares the Committee 
of the Whole dissolved. 



February 9. 1994 (See page 15) 

WEDNESDAY, FEBRUARY 9, 1994 

8:00 A.M. 

Senator Marc Basnight 

President Pro Tempore of the Senate 

Presiding 

(Following the convening of the Session and approval of the Journal — ) 

SENATOR SANDS: Mr. President. 

SENATOR BASNIGHT: Senator Sands? 

SENATOR SANDS: Is a motion in order to resolve into the committee of the whole 

appropriate at this time? 

SENATOR BASNIGHT: First lets, we have a leave of absence from Herbert Hyde and 

without objection that will be granted. It is for surgical operation that is required and I 

don't believe that it is anything that we have to be too deeply concerned but we can certainty 

think about him. 

SENATOR SANDS: Mr. President I do now move that the Senate resolve itself into the 

committee of the whole. 

SENATOR BASNIGHT: Without objection, so approved. 

[Senator Basnight as President Pro Tempore of the Senate continues to hold the gavel.] 

PANEL 

of 

EDUCATORS/ACADEMIC COMMUNITY 

1. Rose Marie Lowry is President of NC and is a former Principal of Union 

Elementary School. She has also taught fifth grade at Pembroke 
Elementary School. 

2. Linda Fisher is Principal of Ashley Elementary School in Fayetteville, N.C. 

She also serves as Project Administrator of Bridges II and is the 
former Project Administrator for Bridges. 

3. James Cassara is a high school teacher from Asheville. 



300 SENATE JOURNAL [Extraordinary Session 

4. Stevens H. Clarke is a Professor of Public Law and Government at the 

Institute of Government in Chapel Hill. 

5. Gary Weart is a teacher at West Charlotte High School and is Director 

of SAVE (Students Against Violence Everywhere). 

6. Irving Joyner is Associate Dean and Professor of Law at the NCCU School 

of Law. He teaches criminal law, criminal procedure, civil rights, 
and trial and appellate advocacy. He also chairs the Community 
Outreach Committee of the NC Association of Black Lawyers. 

7. Eddie Davis is a High School teacher in Durham at Hillside High School 

and also serves on the State Board of Education. 

8. The Honorable Kenneth S. Broun is Mayor of Chapel Hill in his second 

term. He is also the Henry Brandis Professor of Law at UNC-Chapel 
Hill School of Law. 

9. Dr. Patricia Sudderth is Principal of Gardner Elementary School in Gasto- 

nia. She has served as an educator in the North Carolina public 
school system for over twenty-five years. 

10. John Nichols is the Director of Durham Academy of Medicine, Dentistry 

and Pharmacy's National Medical Association's Community Health 
Coalition Project. This organization oversees the grants for SAGE 
(Supporting Adolescents through Guidance and Employment) and 
RAPP (Reaching Adolescents Parents and Peers). 

11 . Geraldine McNeill is a teacher at Pine Forest Junior High in Fay ette ville. 

SENATOR BASNIGHT: The members are very interested for the panelists to express 
their thoughts and to hear what you have to say about it. The ground rules are relatively 
simple. Keep your comments to a couple of minutes then we will come back to you with 
thoughtfrom individual members ...(inaudible)... but that didn't work very well ...(inaudi- 
ble). ..took most of the time and then when we had the questions from our Members we 
didn't have time for the questions; and the questions are probably the most important for 
you and I and all of us to exchange; to share those. So if you can do that you will have 
many opportunities in our time frame to certainly express yourself. . . . (inaudible) ... say what 
you believe needs to be done; come right out. Don't tell us what we have done in the 
past; tell us what we need to do in the future. Don't tell us how good we are; tell us how 
bad we are. Be very candid, very frank, tell us what you believe needs to be done and 
those changes that need to occur as we consider crime in North Carolina. 

And I would also ask that you give your name and your position and what you do. 
That's for the record. Glad to have you and I believe we are going to start we Rosemary. 
Rose Marie, could you tell us a little bit about yourself, who you're with, and then tell 
us what we need to do. 

REMARKS BY ROSE MARIE LOWRY 
President of North Carolina Associations of Educators 

Good morning, I am Rose Marie Lowry, President of the North Carolina Association 
of Educators. Before, I begin I would like to thank the members of the Senate for allowing 
me the opportunity to appear before you on this very important matter. NCAE represent 
more than 68,000 teachers, administrators, support personnel, and retired educators. But 
as I appear before you today to talk about solutions to crime particularly in the classroom, 
I feel as though I also represent community leaders, social workers, health-care 
professionals, and law enforcement personnel. I say this because just as you have taken 
this opportunity to listen to me and I have taken the opportunity to listen to them. 

Earlier this year, NCAE invited more than fifty organizations to take part in our summit 
on school violence. We tried to invite representatives from every aspect of society. We 
had more than one hundred (100) participants ranging from community leaders like The 



1994] SENATE JOURNAL 301 

100 Black Men of Charlotte to the members of the North Carolina Advocacy Group, 
representatives from our police department, court system, social service agencies, and 
legislators, including Senators Beverly Perdue and Linda Gunter. And Governor Hunt 
participated as well. After breaking into smaller diverse groups, we asked each group to 
brainstorm ways to reduce school violence. By the end of the day, we were able to identify 
several priority items needed to reduce violence in school. You have a list of those items 
at your desk. 

You can readily see that there is a common theme throughout these recommendations. 
Don't throw away the children. Invest resources into preventative programs as well as 
intervention programs. A "lock'em-up-and-throw-away-the-key" mentality may play 
well to the political polls but it is not the responsible role that we expect from our leaders. 
NCAE does believe that you should get tough but we also believe that you should get 
smart on crime. These recommendations that range from community-based services to 
training for all educators on multi-cultural education are smart solutions. 

In NCAE's legislative program for 1994, we ask that you support us in our declaration 
to the public that the schools of North Carolina will be safe for their children to attend. 
We need for you to recall Senate Bill 880, the bill that gave school boards more flexibility 
in expelling students if they present a clear threat to the safety of other students and 
employees. We would ask that you amend that bill to pair that flexibility with alternative 
schools in every county so that these students are placed in a situation that provides 
counseling, self-esteem training and rigorous academic preparation. We do not believe 
that our youth should be put out on the streets but we desperately need an alternative for 
our classroom . We hope that these alternatives will be in both residential and nonresidential 
settings. These alternatives should be supported not only by the public schools but by 
law enforcement, social services, the health department, and the juvenile court system. 
If this issue is not addressed, you will lose the opportunity to say to parents — now, our 
schools are safe. 

NCAE commends the Governor for his leadership on this issue, but there are other voices 
that need to be heard. While we support preventative measures to crime such as the Save 
our Schools middle school program and family resource centers, we do not support putting 
more money into building more prisons as a higher priority than public schools. Right 
now, North Carolina spends $32,000 per prisoner for every cell we build and $21,000 to 
house a prisoner a year. A current expenditure per student is only $3,000 per child per 
year. There is something desperately wrong with this picture. If we take the money slated 
for prisons and invest in our children we would significantly reduce crime in North Carolina 

We must place a higher value on educating our children. It is crucial to reducing crime 
in this state. NCAE stands ready to offer information and support you as you deliberate 
our programs and funding. We know that you will legislate smart programs and we hope 
that you will budget for these programs with an eye on the total needs of our State. This 
session may have been called to deal with crime, but we trust you will always remember 
that it is a crime to neglect the needs of our schools and the teachers of our children. Thank 
you. [EXHIBIT G] 

REMARKS BY LINDA FISHER 

Principal of Ashley Elementary School 

Fayetteville, North Carolina 

Good morning Senator Basnight, ladies and gentlemen of the Senate. I am quite honored 
to be here. I am Linda Fisher and I'm a principal in Cumberland County. I also serve 
as the Project Administrator of the BRIDGES Project in the deprived areas in Cumberland 
County. You are going to be listening to a lot of depressing news and statistics as you 
begin this Special Session on crime and violence; however I come with some good news 



302 SENATE JOURNAL [Extraordinary Session 

of a program that is working in Cumberland County. A preventive program that is cost 
efficient. Preventive programs as you have heard for every dollar that you spent you are 
going to save about $7. So, I would like for you to consider putting family resources 
centers across the State of North Carolina as a preventive measure. 

Cumberland County came about this because of a preschool task force study in 
Cumberland County Schools and a neighborhood that was screaming for help. Concerned 
citizens set to work to build a bridge of hope, and that hope was that they could reach 
the children before they became statistics. Sick of the downward spiral of their 
neighborhood it was caught in the residents rallied to the call to clean up that community. 
The United States Army Corps of Engineers from Fort Bragg brought in bulldozers and 
soldiers to clean up the lots to help the local volunteer fire department. A $50,000 North 
Carolina Children's Trust Fund Grant was applied for and BRIDGES was born. 

BRIDGES is an acronym for building respect, independence, and developmentgenerated 
through extended services. It's mission is to strengthen families through positive family 
experiences, family education and links to community resources. 

The Bonnie Doon BRIDGES Resource Center is housed in a former church building 
that has been remodeled and it has become the hub of positive activities in that community. 
Parenting classes, children's enrichment activities, family gatherings, a toy lending library, 
a homework haven with reference books, literacy classes, a site for community agent 
workshops, all of these have found their home in the family resource center. 

This partnership is between the Cumberland County Schools and Headstart Program 
is working to reach out to the families of the Headstart children to arrange for a network 
of community agency support and services. One of the parents that has taking part in the 
program since its very beginning found out about financial aid that she could have to go 
to college and last semester she was listed on the Dean 's list at Fayetteville State University. 
Other parents have received help in finding a job or have enrolled in classes to complete 
or further their education. Children in the neighborhood have access to Girl Scouts and 
Boy Scouts because of the effort of the Family Resource Coordinator. For the past two 
summers the Art Museum in Fayetteville has received a grant to sponsor art work at 
BRIDGES. An art enrichmentprogram based at the Center providing constructive summer 
activ ities for these children . The Center has also worked with the S alv ation Army to prov ide 
after school and summer programs, and has worked with the YMCA to sponsor swimming 
lessons. 

We have sought and received grants from various foundations to provide incentive 
programs for the parents and the family-centered activities. When one parent was asked 
what has Bridges program meant to her, her reply was very simple. If you take BRIDGES 
away, you might as well give this neighborhood back to the drug dealers. At one time 
people were afraid to come out of their houses; they were afraid to have their children 
play outside. But now, there is a new sense of community, being taken hold here. The 
BRIDGES has been instrumental in getting the law enforcement to beef up patrol. A 
Community Watch Program has been organized. People started writing down the tags of 
the cars that were coming into their neighborhood to get drugs. The residents are working 
to regain control of their area and to make it safe for their children. 

The good news about the BRIDGES Program is spreading, more and more neighborhood 
representatives from other parts of Cumberland County are asking, "How can we get a 
BRIDGES site in our community?" The Hay Branson neighborhood is another troubled 
area in Fayetteville. The neighborhood has been inspired by the positive changes in the 
Bonnie Doon area and hopes to replicate the program. Highland Presbyterian Church is 
doing mission work literally in its own backyard. Located in the Hay Branson community 
it is reaching out to serve as a catalyst for change by bringing together the people who 
can make a difference and people who can make the Hay Branson BRIDGES II Project 



1994] SENATE JOURNAL 303 

a reality. The land for the Center has been donated by the Habitat For Humanity. Clearing 
the lot was done by the Army Corps of Engineers. An architect has donated his time to 
draw up the plans. Construction for the Center will be done by the Fayetteville Technical 
Community College. Donations and grants for materials of the construction of the building 
have been received by the Department of Human Resources as well as United Way, Junior 
League of Fayetteville, Fayetteville Publishing Company, and numerous local businesses, 
civic groups, and other churches. We are already seeing seeds of hope and renewed life 
beginning to take shape. 

One day I was visiting the site after they had started clearing it and this lady approached 
me, one of the neighbors, and she came up to me and she said, "What's going on here 
anyway?" and I said "Well, we hope that some day we are going to have a Family Resource 
Center here and that it's going to house preschool classes and also work with some parenting 
classes," and her eyes lit up and she said, "Do you think they will let me come read to 
the children?" She went on to tell me that she had spent thirty-eight years in this 
neighborhood and she had really been confined to her house, not only because of the 
circumstances in the neighborhood but also because of a blind son. The Family Resource 
Center is going to give her an opportunity to do something in her neighborhood. 

I think the whole essence of BRIDGES is best summed up by Harold Hodgkinson's 
booklet when he talks about "beyond the schools," how schools and communities must 
collaborate to solve the problems facing American youth. He wrote, "Children who are 
hungry and insecure about their personal safety, who have limited access to decent health 
care, who enjoy little guidance in the matter of values and ethics, who daily try to cope 
with unwholesome environment, and who do not have a decent supervise place to play 
cannot be reached effectively by the schools." To address these problems, so that children 
can be able to achieve educationally, we require the committee collaboration and schools 
systems and a broad spectrum of government agencies that are responsible for the health 
and being of the children. 

In closing I would like to extend to you, a personal invitation to come visit the Bonnie 
Doon Family Resource Center and talk with the families there. Listen to the excitement 
in the voices of the people who are working on the BRIDGES II project, and look into 
the faces of the children and find there a look of hope for a better tomorrow. Thank you 
for your interest in seeking solutions to the problems that threaten to destroy our 
communities. 

SENATOR BASNIGHT: ...inaudible.. .[speaking of a ground breaking ceremony] 

SENATOR WINNER OF MECKLENBURG: I am just curious how you funded it and 
how much the BRIDGES I Program cost and where the money came from? 

MS. FISHER: We initially got a grant, $50,000 grant, from the Children's Trust Fund, 
is how we go tit going. And that basically carried us that first year to help stock the Resource 
Center itself and to pay to salaries. We only have two paid personnel there, and the way 
the Children's' Trust Fund ran, it was $50,000, the first year, and then $30,000, and then 
$20,000. This is the last year. We are looking to the school system to possibly use local 
money to fund those two sites, I mean the two positions that are there. The school system 
has leased this building from a former church that was there and we are only paying a 
dollar a year and we just do the minimal upkeep and we have the voluntary fire department 
men who come out and do repairs and things like that and clean the yard. The school 
system pays for the water and the electricity and that's about it, for that. And the new 
site, we looked into the neighborhood and tried to find a building that was already existing 
but couldn't so that is why we're deciding to purchase one there. 

Just recently, in fact, just this past week we went ahead and got incorporated and we 
are now BRIDGES of North Carolina, Incorporated so that we could receive non-profit 
organization status and therefore receive donations from other people because there's a 



304 SENATE JOURNAL [Extraordinary Session 

tremendous interest and they are folks wanting to give the money and we are trying to 
figure out how to route that money. 

REMARKS BY JAMES CASSARA 

Teacher 

Asheville, North Carolina 

Good Morning, my name is James Cassara, I am an elementary level art teacher from 
Asheville, North Carolina, in the Asheville City School Systems. As an elementary level 
teacher, I see the very young children, the ones starting at five years of age and working 
their way up to the fifth grade. Also, as an art teacher as opposed to being a classroom 
typical teacher, I see every child in this school, so I do get a wide spectrum and a wide 
range of ideas and input from the kids that I serve. Prior to coming here this morning, 
I elicited comments from several different teachers at different schools throughout the 
system. There was an extremely wide range of ideas as to how to deal with the violence 
in schools issue. But, there seem to be one rather overriding concern, and that was the 
prevalenceofviolence in the society as awhole,andhowthatprevalenceof violence impacts 
upon the school system. Some of the comments that were most frequently stated had to 
do with theviolencethatweseeon television, specifically"M-TV,"rapmusic,music videos, 
which increasingly deal with violent issues in a very negative fashion. Guns, drugs, 
prostitution are often glamorized on television in ways that even the youngest children 
are impacted on. I'm frightened to say how much of the time the students that I serve 
is spent watching television and seeing just an endless variety of violence. 

I also found a very chilling comment from a teacher in our school system who works 
atthe Asheville PreschoolProgram, this is ahighlysuccessfulprogram dealing with children 
three and four years of age, even at that young age she sees children emulating the kind 
of violence that they see in society. She had a very chilling story to tell me about kids 
who were playing with a medical kit, sort of like a nurse or doctoral type kit that kids 
might play with. Rather than using the syringe as a doctor might use it, they were using 
it to pretend they were shooting-up drugs; and these are 4— year-old children, which is 
just a frightening thing for me to even think of. 

I realize that this body has no control over those kinds of things. You cannot legislate 
what is showing on television, you cannot tell kids what they can and cannot see. That's 
a parental role, and it should be. But what this Body can do and what I hope it will consider, 
is to see the school and violence issue from a slightly different slant than it's traditionally 
thought of. 

While dealing with violent acts that occur in the schools is a highly important goal and 
one that certainly should be addressed, I am equally concerned about the way violence 
indirectly impacts upon my school. The way kids come to school dealing with a sense 
of fear and violence already. As I said, I serve every child in the school. It is a frightening 
thought to me that I have over twelve students at our school, which has about 340 students, 
who have a parent in jail right now. I have a custodian at our school whose brother was 
killed last year in a random drive-by shooting. One of my students last year, she and 
I were just talking informally over the lunchtime, I love to sit down and eat lunch with 
the kids, because I find I learn more about them then, than I do in the classroom. This 
was a second grader and I was asking her if anything exciting was going to be happening 
at her house that weekend. She told me she was real excited because her father was coming 
home from prison. It's a highly difficult thing for me to deal with, for me to even conceive 
of, coming from a society and from a place in society that doesn't have to deal with these 
kinds of issues. But these are the kinds of things that our kids deal with every day. 

What I would like to see addressed, is an intensive counseling session, probably run 
by school counselors, but certainly not limited to that, helping children to deal with these 



1994] SENATE JOURNAL 305 

kinds of issues; helping them deal with the kind of turmoil that they face in their lives, 
when a parent, a family member is in jail. When a parent, a family member is directly 
impacted by violent crimes, children can't adequately learn, regardless of what we do in 
the schools, when their lives are being ripped asunder by those kinds of activities. And 
I would really like to see this Body perhaps address funneling some funds towards increased 
counseling in the schools to deal with the sort of peripheral impact that violence in our 
society has on our public schools. Thank you. 

SENATOR MARTIN OF GUILFORD: I just wanted to follow up on your last point. 
In terms of the counseling that you mentioned, you mentioned counseling in the schools. 
Do you feel that the family resource center concept would be a good sound basis from 
which the counseling process could launch? 

MR. CASSARA: I do. I've been sort of toying with the idea in my own mind, very 
informally,ofsomethingmodeledaftertheDAREprogram,calledCARE,CriminalActivity 
Resistance Education. Teaching children that there are alternatives to the kinds of violence 
they see on television and in the real world. And teaching them that violence does not 
have to impact negatively. It's going to do so, but there are ways in which they can deal 
with the kinds of feelings they have, ways in which they can reach out and find support 
from the community and I think schools need to be instrumental in that kind of support. 

SENATOR LEE: My wife who's a member of the Chapel Hill School System and who 
is assigned to High School indicates thatshe believes someefforts need to beputinto self-es- 
teem building. She finds that much of the problems that occur in the schools are as a 
result of low self-esteem. I know that California sometimes back attempted to address 
this problem through its system. What suggestions would you have as to how we might 
be able to move in that direction and build this in as a part of our educational experience. 

MR. CASSARA: Well, I agree wholeheartedly that self-esteem is a central issue to this 
problem and one of the things that really attracts me to the DARE program is that they 
deal with the issue of self-esteem, realizing that children feel good about themselves they 
are far less apt to become involved in activities which are self-destructive. In Asheville 
we have a program called the Mediation Center, which at this time is limited to adultconflicts 
only. But we have been seeing an increase slowly and I'd like to see it come more quickly, 
in peer mediation at the school level, teaching children that there are ways in which they 
can deal with their conflicts. Central to that is making them feel good about themselves. 

SENATOR MARTIN OF PITT: With reference to your statement about counselors in 
school, I had a daughter that was working in school systems as a counselor. Don't you 
have psychological counseling in school now? 

MR. CASSARA: We do have a school psychologist, who offers that kind of counseling. 
It's a very limited basis. I believe he's at the school one day per week. We do have a 
full time counselor, much of her time is taken up in what I would consider administrative 
issues in terms of dealing with test scores, things of that sort, sorting out information, seeing 
to it that children get some of the educational support services that they need and deserve. 
I don't see a lot emphasis on some of the psychological support services that I think also 
are highly important. 

SENATOR MARTIN OF PITT: Do these not cover your problem child that you had 
problems with during the week, when he's there that day? 

MR. CASSARA: They do, but when you have one councilor attending to 340 students 
it's really overwhelming. 

SENATOR MARTIN OF PITT: Well— well, may I? There are not 340 kids in trouble 
every day. 



306 SENATE JOURNAL [Extraordinary Session 

MR. CASSARA: No, but there are 340 kids who potentially face the same kinds of prob- 
lems that all children face. The key is not to deal with them after they are in trouble, I 
think the key is to deal with them before they reach that point. 

SENATOR WINNER OF BUNCOMBE: Mr. Cassara, my wife is counselor at Esteers 
Elementary School and there, I don'tknow, the city system may be alittle bit better manned, 
but in the county system they are averaging about six or seven, about seven hundred kids 
per counselor in the elementary school. If we were to fund enough counselors that the 
Basic Education Program called for, which if I recall correctly was 400 or 450 kids per 
counselor, would that be sufficient, in your opinion, to have sufficient counselors to do 
the kind of job that you are talking about in the schools? 

MR. CASSARA: I'm really not certain if it would be sufficient, it would certainly be 
a good start. I don't want to only focus on school counselors though, I think there are 
training programs out there that would enable all teachers to deal with these kinds of issues 
for children. I really think peer mediation training, and I'm not as familiar with it as I 
would like to be, but from what I've read about it, it offers a real support and a real hope 
and I would wish that its the kind of thing that all teachers or at least a significantly greater 
amount could be trained in. I don't want it to be a situation where kids feel they can only 
go to the school counselor if they have a concern or the school counselor is the only one 
coming to them. 

SENATOR WINNER OF BUNCOMBE: Don't you believe though that if the teacher 
has to deal with these problems that then of course that's detracting from the teachers main 
job of teaching. 

MR. CASSARA: I'm not sure if you can separate the two. I think children will oftentimes 
feel more comfortable speaking to their own teachers than they would feel speaking to 
someone that they only see perhaps a little less frequently. The school counselors are won- 
derful, and I support them wholeheartedly, but I would like to see the kind of training that 
is necessary to deal with these issues spread just a little wider. 

SENATOR DANIEL: Mr. Pro Tempore, I like to see if Senator Ward would yield for 

a question? 

SENATOR WARD: Yes, I will. 

SENATOR DANIEL: Senator Ward, we took up the counselor issue last year in the budget, 

and I remember in listening to Mr. Cassara, I don't whether the moneys that we appropriated 

have made it out into the hinterlands of North Carolina or not, did we not expand that 

budget at that time by $10 million? 

SENATOR WARD: I believe that is correct. But we still did not grant all the — that were 

requested in the BEP Program. 

SENATOR DANIEL: Follow-up. Do you remember, and I know I'm just hitting you 
cold on this, but I knew you'd worked so close in that area, the requests that were for 
last year, you say we didn't fully fund it? How close did we come to funding it? 
SENATOR WARD: I do not recall. 

SENATOR COCHRANE: If I may ask the gentleman. If youngsters came to school 
motivated to learn and with a respect for authority, would you find the need for counselors 
greatly diminished? 

MR. CASSARA : If they came to school with whatyou just said, plus with family structures 
that are solidified and with the kind of support they needed at home, yes. 

SENATOR COCHRANE: Follow-up. So, if I may, in other words, if we would get 
at the root cause of the family crisis, we would in fact impact what you are trying to solve 
once they get to school. 
MR. CASSARA: You wouldn't be playing catch-up is what I would think. 



1994] SENATE JOURNAL 307 

REMARKS BY STEVE CLARKE 

Institute of Government 

University of North Carolina at Chapel Hill 

I'm Steve Clarke with the Institute of Government at UNC. The Institute is non-partisan 
and does not advocate policy. We try to provide information — you can't hear me? Okay, 
I'll use the mike. The Institute is non-partisan and does not advocate policy. We try to 
provide information to policymakers to help them make the best choices. 

In that spirit, I have some information and suggestions for you about four things. 
Evaluation of crime prevention programs, violent crime rates, imprisonment and violent 
crime, and primary prevention of crimes. I wish I had information to give you about the 
effectiveness of all the programs we're using to try to reduce crime, but I don't, because 
there's no tradition of evaluation in North Carolina. I urge you to make it a tradition. 
Evaluation is part of good government. In this crime crisis, there's a need for action and 
a need to try new things, but it is essential to evaluate rigorously to see what works and 
what doesn't. If we can help you with planning or carrying out evaluations, please let 
me know. 

Violent crime, according to police data, North Carolina's per capita rate of violent index 
crime has been increasing for many years, but this is not unique to North Carolina. North 
Carolina's violent crime rate has followed the pattern in the rest of the South and the rest 
of the country. Also, North Carolina's violent crime rate has stayed well below the rates 
for the rest of the South and the Nation since 1976 and has not increased any faster than 
the South 's rate in terms of crimes per capita per year. 

Incarceration in North Carolina from 1975 to 1992, the number of state and local jail 
prisoners per hundred thousand residents, increased by 58 percent. Do you think North 
Carolina has fewer serious violent crimes today, per capita, than it did in 1 975 ? Then there 's 
California, 1976, California had about 21,000 prisoners in state prisons, about the same 
as North Carolina has today. Thereafter, California expanded it's prisons. By 1992, state 
prisoners had increased to about 109,000, that is state prisoners increased by more than 
400 percent, much, much faster than the resident population of California. Meanwhile, 
the C alifornia j ail population more than doubled . Do you think California had fewer serious 
violent crimes in 1992 than it did in 1976? Not according to police data. Police data 
say California's per capita violent index crime rate nearly doubled from 1976 to 1 992 during 
the period of rapid prison and jail expansion. 

Primary prevention. In this Session you will be working on the criminal justice system, 
which deals with offenders after their crimes have occurred. You also may want to consider 
primary crime prevention, which means preventing kids from getting involved with crime 
in the first place. The criminal justice system is like a hospital. A hospital deals with 
serious illness after it has occurred and tries to keep it from recurring, but it does not attempt 
to prevent the illness in the first place. The criminal justice system, for the most part, 
responds to crime after it has occurred and tries to identify, convict, and punish the 
perpetrator. This is important, no doubt the system could be improved. I don't think we 
should ever give up on improving the criminal justice system. I have worked much of 
my professional life to evaluate ways of improving it. But, we really can't expect the 
criminal justice system to do primary prevention, because that's not what it's designed for. 
By the time a youngster commits his first serious crime it may be too late. So you may 
want to consider programs that concentrate on how kids grow up in North Carolina, and 
how they learn standards of conduct. Self-control, respect for themselves and others and 
non-violent ways of dealing with conflict. If I can help you with any of these things, 
let me know, and good luck in this special session. 

SENATOR JOHNSON: One of the things that we are being told is that because we don't 
have enough prison space, people keep getting out, coming out and that sort of thing and, 



308 SENATE JOURNAL [Extraordinary Session 

therefore, there is no respect and, therefore, we have more crime. Do you, in your work, 
do you see that the failure to keep people in prison as long as they're supposed to, and 
that sort of thing, is the root cause of additional crime? 

MR. CLARKE: No, certainly the problem of repeat offending is one with which we must 
deal, and I wouldn't ignore it. But, I'm must more concerned about the new entrants into 
crime every year. Something like half the people arrested for index crimes have no prior 
convictions, which means they're fairly new to the system. The revolving door theory 
really doesn 't account for the new entrants into crime every year, primarily, teenage boys. 
And it seems to me that that we need to focus on that. 

SENATOR KERR: Steve, over here. Is it true that 53% of admissions to prisons each 
year are violations of parole and probation, the terms of parole and probation? People 
who have been out in the committee, excuse me, in the community and have technical 
violations of parole and probation. Are half of the people going into prison? 
MR. CLARKE: I don't know the exact percentage, but it's very large and growing larger, 
I do know that. 

SENATOR KERR: Is there anything in any of these bills that would look at diverting 
some of those technical violations, people who only fail to pay the payment to the clerk 
on Friday and paid it on Tuesday to divert those to type of detention center which would 
say for a 30- or 60-day period where it would be a lot cheaper to give them one more 
chance than to put them back in prison? Is anything in all of this package about that, 
sir? 

MR. CLARKE: That I can't tell you. I do know there is a study going on, not by me, 
of probation and parole violation that's increasing and we need to look at that, we need 
to look at the issue you mentioned. But remember the equally important goal, if not more 
important goal, is to keep people from committing the crime in the first place so we won't 
have to put them on probation or in prison. 
SENATOR KERR: Thank you. 

SENATOR JOHNSON: We have had previously a what we call a M APP Program, M-A- 
P-P, which is where there's a contract between the prisoner and the prison system where 
if you meet certain goals get your GED, that sort, have a job, you can get out on a specific 
date, we even use that for violent offenders. It's been my, it's my information that that 
Program is being curtailed administratively and that sort of thing. Have you found the 
MAPP Program to be successful and would you recommend its continuance? 
MR. CLARKE: This is an example of the kind of Program that we've tried in North 
Carolina but have never reliably evaluated and that program will be gone perhaps before 
we ev er even test it. F m happy to report tho ugh that the Department of Correction is looking 
at ways of carefully evaluating the DART Program because I' ve talked with their staff about 
it. But, I can't tell you whether that program is effective because it's never been given 
an chance to be evaluated rigorously. 

SENATOR JOHNSON: Does it, is the Program a logical program that makes sense as 
to motivate prisoners to come back and not come, you know, not recommit crime? 
MR. CLARKE: I don't think it has ever been that carefully defined. The central idea 
seems to be some sort of voluntary commitment on the part of the inmate, but I think it's 
not really well defined enough to pin it down and answer your question. There may be 
those better informed on that question though? 

SENATOR B ASNIGHT: For the panelists, I imagine many of you will be will be called 
back again if you don't mind coming in our Select Committee. 

SENATOR GULLEY: Thank you, Mr. President. I also was going to ask you something 
about evaluation, if I could Mr. Clarke. Thankyou for your comments. In your experience, 
is it possible for us to design evaluations to measure the effectiveness of punitive, what 
at least are characterized as punitive steps to take of three strikes and you're out, of five 



1994] SENATE JOURNAL 309 

years for possessing a fire arm, in the commission of another felony and so forth? Can 
we design instruments to evaluate the effectiveness of those measures as well as measuring 
the preventative DART Program or BRIDGES Program? Can we do both? Can it be 
done easily and is there time, in a what looks like a one- or two-week context or three 
weeks, whatever we're here, to "realishlessly" take that step. 

MR. CLARKE: In one or two weeks, you can't design an evaluation and carry it out 
of any large scale program, of course. On thatparticular question of whether imprisonment 
prevents crime, I do have data and you can get data from other researchers here in the 
State that will bear on that question. 

SENATOR BLACKMON: Thank you, Mr. President. Mr. Cassara you brought up a 
good point this morning and one I have heard from literally hundreds of teachers, and that 
is the question of TV-violence and where our children are exposed to it at a very young 
age. This year it appears to me that I believe I read that Congress would be taking up 
that subject and would be making some decisions on it. The teachers as a group have 
tremendous input and influence on laws and politicians. Now we, we know this, I know 
this, personally, because we hear from hundreds of teachers, especi